Terms of Service
Use of company services constitutes acceptance and agreement to the company’s Service Agreement as well as the company’s Resource Usage Policy. The TOS, Service Agreement, and Resource Usage Policy may be changed from time to time.
Disclosure: The Rivalhost TOS, Service Agreement and Resource Usage Policy specifically prohibits the use of our service for illegal activities and the storage or transfer of pornographic material. The Company will only disclose subscriber information including assigned IP numbers, account history, account use, etc. to a law enforcement agent or official that provides an authentic subpoena.
IP Ownership: If we assign a Customer an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to us, and Customer shall have no right to use that Internet Protocol address except as permitted by us at our sole discretion in connection with the Services, during the term of this Agreement. We shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by us, and we reserve 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 new policies.
Domain Registrations and New Orders: You are also requesting us to register your site for you when selecting “new domain” in the order form of our site. We will use Enom to register such services for you on your behalf and ensure the correct name servers are used saving you time and money. All domain registrations and failed domain transfers are NON-REFUNDABLE.
Free Domain Offers: Domain names will be transferable only after a 90-Day waiting period has ended.
Disputes and Failure to Pay: All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Rivalhost’s sole discretion is a valid charge under the provisions of the TOS and /or Service Agreement, you agree to pay an “Administrative Fee” of not less than $50 and not more than $150. The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Disputing Site or Account Ownership: Disputes sometimes arise between or among multiple persons claiming ownership of or rights in a site hosted by Rivalhost. Rivalhost is not obligated to resolve any such disputes. If multiple persons are claiming ownership of or rights in a site hosted by Rivalhost, and in Rivalhost’s sole judgment, there is not certainty as to the ownership of or rights in said site or account, then Rivalhost will, to the extent of its knowledge and ability, notify said persons of the dispute and demand that said persons promptly, conclusively, and finally resolve the dispute in a manner which makes clear who the owner(s) and/or interest holder(s) is/are and in a manner which relieves Rivalhost of all liability or obligations concerning the dispute. If the disputing persons fail so to resolve the dispute within what Rivalhost, in its sole judgment, deems to be a reasonable time, then Rivalhost, at its option and without any obligation to do so, may, in accordance with and subject to the laws of the State of Oklahoma, file an interpleader action in a court of competent jurisdiction within the State of Oklahoma for the purpose of allowing the contending persons to resolve said dispute and to reach certainty regarding ownership of or rights in said site and/or account. The person or persons conclusively and finally determined by the interpleader action to be the rightful owner(s) or interest holder(s) of said site and/or associated account shall be obligated to reimburse Rivalhost for all of its expenses relative to said interpleader action including without limit all its court costs and reasonable attorney fees. All amounts owed to Rivalhost shall be deemed due and payable immediately upon thirty (15) days after judgment or settlement is reached in said interpleader action. Failure of the rightful owner of said site and/or associated account to cause Rivalhost to be timely paid in full all of said amounts shall be deemed a breach of these Terms, shall subject the account to immediate termination, and shall entitle Rivalhost to a judgment against said rightful owner for all costs and all of Rivalhost’s expenses relative to said interpleader action including without limit all of Rivalhost’s court costs and reasonable attorney fees.
Anytime Guarantee: All shared NON DDoS hosting accounts are entitled to an unconditional Anytime money back guarantee. If you’re not satisfied with Rivalhost, we’ll give you your money back. No questions asked, no time limits. Cancel at any time, and we’ll issue you a refund for the remainder of your current payment term. It’s like a warranty that never expires! Plus, during the first 60-days, we’ll refund your hosting fees in full. PLEASE NOTE: The Anytime Guarantee does NOT apply to Dedicated servers, domains, or SSL certs.
Refunds: DOMAIN REGISTRATIONS, FAILED DOMAIN TRANSFERS, DEDICATED SERVERS, CLOUD SERVERS, VPS’s, DDOS PROTECTION SERVICES AND SSL CERTS ARE NON-REFUNDABLE. We will process and apply credits or refunds within 3 business days of submission. Refunds for annual plans will be treated as monthly terms. The annual account rate will be adjusted to the monthly rate, past and current usage deducted at that rate, and the remainder returned.
Cancellation: All cancellations can be submitted using the cancellation button in your Rivalhost client control panel. While there are no cancellation fees, you must cancel 15-days prior to your next billing cycle. Payments made up to your cancellation date are not refundable unless you’re canceling within the 60-day guarantee period. Once a cancellation request has been submitted changes or upgrades to your existing service will not be permitted unless your cancellation request is removed and your next invoice has been paid in full. This does not include any added support or service fees you have contracted us to provide. You are obligated to pay for your account even if you do not use it. Failure to follow our cancellation terms places your account in a suspended state and all service under your account will be suspended until the past due amount has been paid. Because we have provisioned services and provided you with details you have the ability to use your account. An unused account still uses system resources that could be used for other customers. If you have a past-due balance on your account at the time the account is closed (either by your request or due to non-payment), the remaining balance must be paid within 30 days of when the account is closed. We do not offer refunds for services after the initial thirty (60) days of service.
SLA and Credit for uptime: Rivalhost is committed to providing a standard of service and reliability unparalleled in the hosting industry. Rivalhost guarantees network uptime of 99.9%. Our networks are multi-homed through redundant high-speed carriers which results in you, the customer, always being able to count on fast and reliable connectivity to our network. Rivalhost guarantees the uptime of its network 99.9% of the time excluding scheduled maintenance. In the event any customer experiences anything less than 99.9% uptime of the Rivalhost Network a credit will be added to the account upon request. Network downtime is defined as the inability to transmit or receive data due to the failure of Rivalhost owned network equipment. Rivalhost will provide a 10% credit to the affected server or shared account for each hour of downtime beyond 0.1% per month. No customer may receive credits totaling more than one month of service per affected server or shared account. Downtime is measured from the time a trouble ticket is opened by the affected customer to the time Rivalhost determines the issue to be resolved, excluding scheduled maintenance.
Liability and Warranty: We are not responsible for any damages your business may suffer. We do not make implied or written warranties for any of our services. Rivalhost denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by us. The client 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, client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. You further acknowledge that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by the client for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Refusal of Service: We reserve the right to refuse, cancel or suspend service at our sole discretion.
Modifications: These terms may be modified at any time with notice. All users are always subject to the newest terms posted here at all times. It is the end users responsibility to be aware of the latest terms of service and other policies at all time. It is our responsibility to provide these policies in a ready and readable form. We will, when possible, elect to notify clients of updates or changes to our policies in various mediums available including but not limited to; email, forums, ticket systems and chats.
Customer Abuse: We have zero tolerance for abusive language and/or abusive behavior towards our company and/or service we provide and/or our employees. Any customer deemed at our sole discretion to be abusive to our company and/or service we provide and/or our employees will result in immediate irrevocable account termination without any refund. Threats to sue, slander, libel, etc., are all considered forms of abuse and will result in immediate irrevocable account termination without any refund.
Indemnification: Customer agrees to indemnify and hold harmless Rivalhost, its subsidiaries, their affiliates and each of their respective directors, officers, employees, shareholders and agents (each an “Indemnified Party”) against any losses, claims, damages, liabilities, penalties, actions, proceedings, judgments, or any and all costs thereof (collectively, “Losses”) to which an Indemnified Party may become subject and which Losses arise out of, or relate to the Agreement, Customer’s use of the Products and Services, breach of any confidentiality obligation or any alleged infringement of any trademark, copyright, patent or other intellectual property right and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such Indemnified Party, in connection with investigating, defending, or settling any Loss, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
Specific rules and regulations governing use of RivalHost services.
This is a legal document. All RivalHost customers are bound by it! (Read it!)
You must read and agree to all terms in this document before using our services. By using or continuing to use RivalHost services, you are automatically agreeing to the terms of this document!
What is this?
The agreement below is a legal agreement between RivalHost and all of our customers. If you use any service provided by or affiliated with RivalHost, you are legally bound by this agreement. Read it carefully before signing up and ensure that you understand and agree to all parts. Use of our services implies agreement with this contract!
Any questions regarding this agreement should be sent to RivalHost’s sales department prior to signing up for service.
THIS AGREEMENT (“Agreement”) is made and effective as of the date of acceptance, by and between you (“Client”) and RivalHost.
WHEREAS, RivalHost owns, distributes and provides various products and services for conducting business on the Internet including: SiteAdmin, BillAdmin, shared, reseller and dedicated web hosting, cPanel licensing, and the RivalHost family of services (hereinafter collectively referred to as the “Services”).
WHEREAS, Client desires to utilize some or all of the Services to develop, enhance or maintain Client’s business and/or presence on the Internet.
NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree as follows:
1. RivalHost SERVICES
RivalHost agrees to provide to Client the Services agreed upon between RivalHost and Client as selected by Client in RivalHost’s customer database that is specified at www.RivalHost.com.
2. PAYMENT AND INVOICING
2.1 In consideration of the performance of the Services, Client shall pay RivalHost monthly in advance the amount set forth in RivalHost’s customer database as such records are amended from time to time for the Services during the term of this Agreement.
2.2 Client shall receive a confirmation letter via e-mail at the time Client contracts for the Services, which shall confirm the fees payable to RivalHost. Thereafter, Client shall receive a monthly billing statement for the upcoming month. The monthly billing statement shall indicate any changes in fees, which fees shall become effective upon thirty (30) days’ notice as set forth in Section 2.4 herein.
2.3 Client is responsible for all activities and charges resulting from Client’s use of the Services. Client agrees to pay all fees, bandwidth charges, connect time charges, surcharges, and other charges incurred by Client and set forth in the monthly billing statement. Client acknowledges that no refunds will be given by RivalHost in the event that Client’s account is terminated by RivalHost or Client mid-term. In the event of a breach of security, Client will remain liable for any unauthorized use of the Services until Client notifies RivalHost by sending an e-mail with account information to sales@RivalHost.com.
2.4 Current rates for using the Services may be obtained on our web site at www.RivalHost.com. RivalHost reserves the right to change fees, surcharges, monthly membership fees or to institute new fees at any time. In addition, RivalHost may institute special trial offers, from time to time, that shall be reflected in the confirmation letter sent to Client upon sign up. If RivalHost does not receive the full amount of Client’s Service account balance within three (3) days of invoice due date, a late charge equal to 1.5% per month or highest amount allowed by law per month will be added to Client’s bill and shall be due and payable. Client shall also be responsible for all attorney and collection fees arising from RivalHost’s efforts to collect any unpaid balance of Client’s account(s), and RivalHost may terminate Client’s account immediately without further notice to Client.
2.5 All hosting services renew automatically and will be billed to the credit card on file 3-days in advance of invoice due date. International payments and invoices over $15,000 are billed 7-10 in advance to allow for clearance and longer merchant approval periods.
2.6 DDOS services suspended for non-payment must be paid via Bank Transfer Plus a $45 re-activation fee.
NO OTHER PAYMENT FORMS ARE ACCEPTED.
Bank of America:
Account Name: RivalHost.com
Account Number: 305001820078
Routing Number: 026009593
Account Name: RivalHost.com
Account Number: 305001820078
SIFT CODE: BOFAUS3N
3. RESPONSIBILITIES AND RIGHTS OF RivalHost
3.1 Means of Performance. RivalHost shall provide Client with the RivalHost hosting services, as described at www.RivalHost.com hereto. RivalHost has the right to control and direct the means, manner, and method by which the host services are performed.
3.2 Support. RivalHost shall provide a reasonable level of technical support to Client via email or Web page for the term of this Agreement.
3.3 Other Work. RivalHost has the right to perform and license products to others during the term of this Agreement. RivalHost may elect to electronically monitor the host services and may disclose any content or records to satisfy any law, regulation, or other governmental request or to properly operate host services and protect its Clients. RivalHost reserves the right to block any site hosted by RivalHost that contains any content that RivalHost deems in its sole discretion to be unacceptable or undesirable.
4. RESPONSIBILITIES AND RIGHTS OF CLIENT
4.1 Client. Client represents and warrants that (i) Client is at least eighteen (18) years of age, (ii) Client possesses the legal right and ability to enter into this Agreement, and (iii) the performance of Client’s obligations and use of the Services by Client, its customers and users, will not violate any applicable laws, regulations or the rules and regulations or cause a breach of any agreement with any third parties or unreasonably interfere with other RivalHost Clients’ use of Services. Client assumes all risks related to processing of transactions related to electronic commerce. Client agrees to provide RivalHost with accurate, complete and updated information required by the registration of the RivalHost host service (Client Registration Data), including Client’s legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date). Client agrees to notify RivalHost within thirty (30) days of any changes in Client’s Registration Data.
4.2 Breach of Warranties. In the event of the breach of any of the foregoing warranties, in addition to any other remedies available at law or in equity, RivalHost will have the right, in its sole discretion, to suspend or terminate immediately any Services.
4.3 Fees and Expenses. Client shall be responsible for payment of all costs, fees and expenses assessed by third parties in the course of being provided Services. Such costs include, but are not limited to, the fees required to register and maintain domain names, which is governed by a separate agreement between Client and a third-party domain name registrar.
4.4 Third-Party Software. Third-party software available through the Services may be governed by separate end user licenses. By using the Services and the third-party software, Client agrees to be bound by the terms of such end user licenses regarding the applicable third-party software. Client consents and authorizes RivalHost to delegate the authorizations Client provides to RivalHost to its third party service provider(s) as RivalHost deems necessary or desirable to provide the applicable Services. Client agrees that the terms and conditions of this Agreement, including any of the other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement, inure to the benefit of such third party service providers and such third party service providers are deemed to be third party beneficiaries of the Agreement, including any other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement. Client also agrees that all reference to “RivalHost” within this Agreement and any incorporated terms are also deemed to include, where applicable, RivalHost’s agents, such as the third party service providers.
4.5 Advertising, Solicitation, and Client Name Harvesting. Client may not use the Services to send unsolicited advertising, promotional materials, or other forms of solicitation to the RivalHost clients or other Internet users unless Client receives the express permission of such individuals. Client may not use the means of unsolicited advertising to advertise a site hosted on the RivalHost network. Client may not use the Services to collect or “harvest” user-names of RivalHost clients or other Internet users without the expressed prior permission of the member. RivalHost reserves the right to block or filter mass email solicitations sent from sites hosted on the RivalHost network.
4.6 Management of Site. Client shall be solely responsible for all content available on or through its site, and shall at all times be subject to the terms of this Agreement, RivalHost’s then-standard Terms of Service (“TOS”) and any generally applicable guidelines and service standards published by RivalHost. Client warrants that its site hosted on the RivalHost network (i) will conform to the RivalHost TOS attached hereto as Exhibit A; (ii) will not infringe and will not contain any content that infringes on or violates any copyright, U.S. patent or any other third-party right; and (iii) will not contain any content which violates any applicable law, rule or regulation. RivalHost shall have no obligations with respect to the content available on or through any site hosted on the RivalHost network, including, but not limited to, any duty to review or monitor any such content. RivalHost reserves the right to block any site that violates any of the above-stated terms, or which in RivalHost’s sole discretion, RivalHost deems objectionable or offensive, or otherwise violates a law or RivalHost policy, or, in the alternative, to terminate this Agreement in accordance with Section 7.3 herein.
4.7 Compliance Laws. Client agrees that it will use the Services only for lawful purposes and in accordance with this Agreement. Client will comply at all times with all applicable laws and regulations and the TOS, as updated by RivalHost from time to time. The TOS are incorporated herein and made a part hereof by this reference. RivalHost may change the TOS, with notice, which notice may be provided by posting such new TOS at the RivalHost Site. Client may request a current copy of the TOS by sending or faxing a request to RivalHost. Client agrees that it has received, read and understands the current version of the TOS.
4.8 Proprietary Rights. Unless otherwise specified, all work performed hereunder by RivalHost, is the property of RivalHost, and all title and interest therein shall vest in RivalHost. To the extent that title to any such works may not, by operation of law, vest in RivalHost all rights, title and interest therein are hereby irrevocably assigned to RivalHost. All such materials shall belong exclusively to RivalHost, and RivalHost shall have the right to obtain and to hold in its own name, copyrights, trademarks, registrations, or such other protection as may be appropriate to the subject matter; and any extensions and renewals thereof. Client agrees to give RivalHost and any person designated by RivalHost such reasonable assistance, at RivalHost’s expense, as is required to perfect the rights defined in this paragraph.
5. LIMITATION OF LIABILITY
5.1 Limitation. In the event that any limited guarantees are provided by RivalHost, such limited guarantees are null and void if Client fails to follow RivalHost’s TOS and other policies or otherwise breaches this Agreement in any respect.
5.2 No Other Warranty. RivalHost does not monitor or exercise control over the content of the information transmitted through its facilities. Use of the Services or any information that may be obtained there from is at Client’s own risk. The Services are provided on an “as is” basis, and Client’s use of the Services is at its own risk. Except as provided in the order form(s), RivalHost does not make, and hereby disclaims, any and all other express and/or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties arising from a course of dealing, usage, or trade practice. RivalHost does not represent or warrant that the Services will be uninterrupted, error-free, or completely secure.
5.3 Disclaimer of Actions Caused by and/or Under the Control of Third Parties. RivalHost does not and cannot control the flow of information to or from RivalHost’s network and other portions of the Internet. Such flow depends in large part on the performance of the Internet services provided or controlled by third parties. At times, actions or inactions of such third parties may impair or disrupt Client’s connections to the Internet (or portions thereof). RivalHost cannot guarantee that such events will not occur. Accordingly, RivalHost disclaims any and all liability resulting from or related to such events.
Client agrees to indemnify, defend and hold RivalHost and its affiliates, agents, employees, and licensors (including the third party service providers) harmless from any and all claim, demand, loss, costs or expense, including attorneys’ fees, made by any person arising out of Client’s violation of this Agreement, State or Federal Securities laws or regulations, or any other person’s rights including but not limited to infringement of any copyright or violation of any proprietary or privacy right.
Under no circumstances, including but not limited to a negligent act, will RivalHost or its affiliates, agents, employees, or licensors (including third party service providers) be liable for any damages of any kind that result from the use of, or the inability to use, Services, even if any such party has been advised of the possibility of such damages.
In no event will RivalHost or its third party service providers be liable to Client or any third Party for any tort, contract or any other liability arising in connection with the use of the Services, or reliance on any information or services provided by RivalHost. RivalHost and its third party service providers will under no circumstances be liable to Client and/or any third party, regardless of the form of action, for any loss of profits, goodwill, use, data or other intangible losses, or any direct, indirect, special, consequential, incidental or punitive damages whatsoever, even if RivalHost or its third party service providers has been advised of the possibility of such damages, resulting from: (i) the use of the inability to use the Services; (ii) the timeliness, deletion, misdelivery, or failure to store any user date, communications or personalization settings; (iii) the cost of getting substitute goods and services resulting from any products, data, information or services purchases or obtained or messages received or transactions entered into, through or from the Services; (iv) statements or conduct of anyone on the Services; (vi) the use, inability to use, unauthorized use, performance or non-performance of any third party, even if the third party has been advised previously of the possibility of such damages; or (vii) any other matter relating to the Services. Client agrees that Client will not in any way hold RivalHost responsible for any selection or retention of, or the acts or omissions of, third parties (including third party service providers) in connection with the Client Services.
Because some states prohibit the limitation of liability for consequential or incidental damages, in such states the limitation of liability only with respect to consequential or incidental damages may not apply to Client, and the respective liability of RivalHost and its third party service providers, employees, distributors and agents is limited to the greatest extent allowable under applicable law in those states.
In the event that a court or arbitration panel, as the case may be, should hold that the limitations of liability or remedies available as set forth in this Agreement, or any portions thereof, are unenforceable for any reason, or that any of Client’s remedies under this Agreement fail, then Client expressly agrees that under no circumstances will the total, aggregate liability of RivalHost and its third party service providers, employees, distributors, agents or affiliates, to Client or any party claiming by or through Client for any cause whatsoever exceed $100 (U.S.), regardless of the form of action and whether in contract, statute, tort or otherwise.
7.1 Without Cause. This Agreement may be terminated by either party at any time during any Renewal Term for any or no reason upon either party giving to the other no less than five (5) days’ prior email notice of termination. No matter which party terminates the Agreement pursuant to this Section 7.1, any and all payment obligations of Client under this Agreement for Service(s) provided through the date of termination will immediately become due, and Client shall be required to prepay for any portion of the Services that have not been paid for and are to be rendered during such five (5) day period.
7.2 For Cause. In addition to any other rights it may have under this Agreement or applicable law, RivalHost may immediately terminate this Agreement or suspend service, effective without notice, in the event of (i) a default in payment, or (ii) Client’s breach or failure to comply with the TOS or other policies of RivalHost. Client may terminate this Agreement if RivalHost breaches any material term or written notice of same. If this Agreement is terminated by RivalHost under this Section 7.2, all balance of the then current term shall immediately become due and payable. In addition to the foregoing, RivalHost reserves the right to prohibit any conduct or to remove any materials or content in violation of the TOS or which RivalHost believes in its sole discretion to be illegal or potentially harmful to others or may expose RivalHost to harm or liability.
7.3 No Liability for Termination. Neither party will be liable to the other for any termination or expiration of any Services of this Agreement in accordance with its terms.
7.4 Survival. The following provisions will survive any expiration or termination of the Agreement: Section 4, 5, 6, 7, and 8.
7.5 IP Address. Upon expiration, cancellation or termination of this Agreement, Client shall relinquish any Internet protocol (“IP”) numbers, address or address blocks assigned to Client by RivalHost or its network services supplier (but not the URL or top level domain connected therewith). RivalHost reserves, in its sole discretion, the right to change or remove any and all such IP numbers, addresses or address blocks.
8.1 Assignment. Client may not assign this Agreement or any of Client’s rights or obligations hereunder without the prior written consent of RivalHost, and any such attempted assignment shall be void. This Agreement shall be binding upon the parties’ respective successors and permitted assigns.
8.2 Notices. Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile.
If to RivalHost: billing@RivalHost.com
If to Client: To Client address provided at account set-up.
8.3 Governing Law. This Agreement, and all future agreements Client may enter into with RivalHost, unless otherwise indicated on such other agreement, will be governed by the laws of the State of Oklahoma, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with RivalHost in Arkansas or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, Client agrees to submit to the personal and exclusive jurisdiction of the courts located within the County of Oklahoma, Oklahoma. If any part of the Agreement is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
8.4 Modifications. No modifications, amendment, supplement to or waiver of this Agreement or any exhibit hereunder, or any of their provisions shall be binding upon the parties hereto unless made in writing and duly signed by both parties.
8.5 Waiver. A failure of either party to exercise any right provided for herein shall not be deemed to be a waiver of any right hereunder.
8.6 Severability. In the event any one or more of the provisions of the Agreement or any exhibit is invalid or otherwise unenforceable, the enforceability of remaining provisions shall be unimpaired.
8.7 Force Majeure. RivalHost and its affiliates, agents, employees, or licensors (including third party service providers) shall not be liable for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any contingency beyond the reasonable control of such party, including without limitation, fire, flood, strike, and other industrial disturbance, failure to transport, accident, ware, riot, insurrection, act of God or order of governmental agency. Performance shall be resumed as soon as possible after cessation of such cause. However, if such inability to perform continues for fifteen (15) days, the other party may terminate this Agreement without penalty and without further notice.
8.8 Independent Contractors. The parties to this Agreement are independent contractors. Neither party is an agent, representative, or partner of the other party. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party. This Agreement shall not be interpreted or construed to create an association, agency, joint venture or partnership between the parties or to impose any liability attributable to such a relationship upon either party.
8.9 Terms of Services. Client agrees to be bound by RivalHost’s TOS for all Services and products used by Client. The current TOS can be found on RivalHost’s website at www.RivalHost.com. Should Client disagree with any updates to RivalHost’s TOS, it is Client’s responsibility to notify RivalHost of Client’s desire to terminate their Services immediately.
8.10 Implied Agreement. CONTINUED USE OF THE SERVICES AND/OR PRODUCTS CONSTITUTES IMPLIED AGREEMENT WITH THIS AGREEMENT AND RivalHost’S TOS IN THEIR ENTIRETY. BY USING THE SERVICES, CLIENT AGREES TO BE BOUND BY ALL TERMS ASSOCIATED WITH SAID SERVICES, INCLUDING THIS AGREMEENT AND THE TOS.
CLIENT’S ONLY RECOURSE IN THE EVENT OF A DISAGREEMENT IS TO TERMINATE THIS CONTRACT IMMEDIATELY IN ACCORDANCE WITH SECTION 7 HEREIN.
8.11 Entire Agreement. This Agreement, and the exhibits reference herein, sets forth the entire agreement, and supersedes any and all prior agreements of the parties with respect to the transactions set forth herein. Neither party shall be bound by, and each party specifically objects to, any term, conditions or other provisions which are different from or in which is proffered by the other party in any correspondence or other document, unless the party to be bound thereby specifically agrees to such provision in writing.
8.12 No Party Deemed Drafter. In the event that any provision hereof is construed by a court of law or equity or an arbitrator, no provision herein shall be construed more harshly against either party as drafter.
Exhibit A: RivalHost Terms of Service (TOS)
RivalHost’s current Terms of Service are available at the following URL: here.
Exhibit B: RivalHost Resource Usage Policy (RUP)
RivalHost’s current Resource Usage Policy are available at the following URL: here.
Any questions regarding this agreement should be sent to RivalHost’s sales department prior to signing up for service.
Resource Usage Policy
In a shared hosting environment, a server’s resources are what economists would call a common pool resource, meaning that although having plenty of available system resources benefits everyone, no single user has an incentive to ensure that they don’t use too many resources themselves. In an effort to protect against the tragedy of the (server) commons, we have placed limits on the amount of a server’s resources that any given user may consume. While these are limits, server abuse is not limited to these policies and is up to RivalHost’s discretion what constitutes server abuse. Please note that these resource policies are applicable towards shared, and semi-dedicated hosting services.
The Purpose of These Policies
Understand that these policies are in place to protect you, our customers, from poor service quality. Generally, if we need to impose a restriction on an account for resource abuse, that account is in violation of at least two of these policies (or one policy to a very serious degree) and is adversely affecting the other clients on their server. The large, large majority of sites, at least 99.5%, will never even have to take these limits into consideration. That being said, it’s good to make yourself aware of them.
It is also important to note that many of these limits can be seen as “soft” limits. They are not actively enforced, and you can run up to or even over most of them without issue. If, however, you start to affect the overall performance of a server, we do need to have limits and policies in place. Without them it’s incredibly hard to explain to the customer, in quantitative terms, exactly how a site is consuming too many system resources. If an account is found to be in violation of these Resource Usage Policies, we will do our best to work with clients to give 48 hours, 5 days, or 10 days notice depending on the severity of the violation. We reserve the right as outlined in the Terms of Service to suspend a site if it is causing a severe problem.
Unsolicited Bulk/Commercial Email / SPAM
The use of RivalHost LLC servers and networks to transmit unsolicited bulk/commercial email (also know as spam) is strictly forbidden. Under no circumstance is the transmission of spam acceptable or tolerated.
The transmission of spam from our servers and networks can cause irreparable monetary and reputation damage. All damages caused by spamming will be prosecuted to the fullest extent of the law.
Any client caught explicitly spamming from our servers or networks will have their account immediately terminated & without notice.
GENERAL CONTENT & SERVICE RESTRICTIONS
RivalHost’s servers are not allowed be used as a backup/storage system. Only one cPanel backup of 4GB or less for that same account is allowed. You may only create cPanel backups of 4 GB or less. If your backup is larger than 4GB, you must contact support for help to bypass the limit. Account backups greater than 8GB will no longer be allowed on shared servers.
Reselling is not allowed on Shared hosting plans. If reselling is desired, a VPS or Cloud Server must be purchased.
Interactive chat web applications are only allowed on CAMFROG approved servers.
Web Applications & Web Accessible Scripts
All web applications that are out of date and actively being exploited will be shut down immediately without notice. As a webmaster you should evaluate your web based applications and scripts on a regular basis to ensure they’re secure and up to date.
Forums and any applications using a commenting system should have some form of spam protection or moderation. CAPTCHA is a popular way to eliminate spam robots from spamming your website.
Search Engine Optimization (SEO) farms or similar are strictly forbidden on RivalHost’s servers and networks. SEO farms create undue strain and resource abuse on any given server and affect all clients.
Offering Image, File, Document and Data storage, and free hosting and email services are strictly prohibited.
Off-site media storage is not permitted.
Operating a public mirror site is not permitted
Web spiders and indexers are not permitted.
The above mentioned services / web content create undue system load on our servers and should only be run in a dedicated server environment. All violations will be shut down immediately and may result in account suspension and/or termination.
If you have a question on whether or not your content is in violation, please email our support department for clarification.
RESOURCE USAGE RESTRICTIONS
Processes invoked by the web server, cron, shell or any other method should not exceed the following limitations:
Consume more than 25 MB of RAM.
Utilize in excess of 15 seconds of CPU time.
Number of open files should not exceed 96.
Create core dumps.
Number of simultaneous processes should not exceed 10.
Execute a script/binary that forks in a way to create a fork bomb.
Programs may not run in the background or listen on a network port. If you require a bot, service or daemon, you should consider a dedicated server, as very few shared web hosts allow this type of program.
All users are restricted to 30 concurrent MySQL connections.
Each database is restricted to 3 GB of disk space.
Database queries should not exceed 5,000 per hour.
Database changes (insert/update/delete) should not exceed 1,500 queries per hour.
Database servers should not be used as a hosted solution. Database access should only be used for the web site hosted by RivalHost.
Remote database access is for administrative purposes only.
Files and Directories
The total number of inodes in an account may not exceed 100,000. Every file (a webpage, image, email, php file, directory, etc.) on your account uses up one (1) inode. This is not something we actively enforce and it will only become an issue if a client is causing problems for other people on the server. We will of course notify you if this is the case with a full explanation.
A directory can not contain more than 3,500 immediate child files. This includes subdirectories themselves, but does not include files contained within those directories.
Simultaneous Apache connections may not exceed 50 from one individual source at any given time.
Web processes should not fork or spawn subprocesses.
Email and Mailing Lists
– Files in excess of 10 MB should not be sent via email.
– Processes should not send outbound mail to more than 100 recipients at any given time.
– The maximum number of members per mailing list is 1,500.
– POP connections are limited to 250 per hour.
– SMTP connections (outbound email connections) are limited to 500 per hour per server account.
– Mailing lists larger than 1,500 will require a semi dedicated, VPS, or dedicated server from us. Dividing one list into smaller parts to get around this limit is not allowed.
– Any mailing list over 900 emails is only allowed in off peak times such as Saturday and Sunday or from 1am to 8am ET during the week.
– Any mailing list must be throttled so that it sends an email every 6 seconds at the very minimum. If the mailing list software you are using doesn’t support throttling you must use something else. We do this as this keeps the server load from going very high and causing problems for other users. If you don’t do this you will be suspended.
– We do not allow you to send to a mailing list you were given or that you bought. This is spamming and we have zero tolerance for this.
– Any mailing list must comply with the rules set forth by the United States of America and can be found at: http://www.ftc.gov/bcp/edu/microsites/spam/.
– No Direct SMTP mailing system scripts are permitted. Mail should be relayed through the local MTA.
– All cron jobs must be ‘niced’ to 15 or greater (see the Unix manpage for “nice” for more information).
– A cron job should not execute more frequently than once every 15 minutes.
– Our servers should not be used as an SSH bounce point to other servers/networks.
– You may not use the Unix “find” command recursively on directories more than 5 levels deep.
How we handle High Resource Usage Sites
Resource usage is a reality of shared hosting, as the term “shared” implies. There’s a reason you pay $10/month for a shared hosting account, rather than the price of a dedicated server, even though the space and bandwidth allotments are sometimes comparable. You’re in an environment with other customers, and that carries with it certain restrictions and responsibilities. You can’t manage your site with impunity, and you can’t expect that, under all circumstances, you will be able to max out the bandwidth allocated to your account. There are other, more significant–albeit less tangible–limitations that can be and often are reached first.
Perhaps the most important thing to remember is that the our unlimited bandwidth quota is not, by any stretch of the imagination, to trick customers into thinking that they can host any site under the sun on our servers for $10/month. It should not be seen as a guarantee that you will be able to push 10 TB of bandwidth per month on your shared hosting account. Even on many dedicated servers, unless your site is properly designed and optimized, you probably wouldn’t be able to use that much bandwidth. You should see the ulimited bandwidth quota as more of an indication that bandwidth will probably not be a primary factor in determining whether your account belongs in a shared hosting environment.
Once again, our motivation for choosing unlimited bandwidth and diskspace as described above, is to indicate to customers that we’re not overly concerned about your site’s bandwidth usage or disk space. As a shared hosting provider, we have a responsibility to ensure that all sites have access to their fair share of the server’s resources when needed. The fact of the matter is that some sites just don’t belong on a shared hosting account, and we would be remiss in our duties if we allowed them to remain on our servers. You can expect any responsible hosting provider to do the same.
DDoS Hosting and Remote Proxy Protection
All DDoS and remote proxy protection plans come with our 99.9% uptime guarantee. Our Enterprise DDoS package includes “Always On” protection which means your traffic is filtered through our network 100% of the time. All other packages have “On Demand” protection which means we will filter traffic through our network during an attack and 72-hours after the attack has seased at which point you will re-direct your traffic to your origin IP. All configurations will remain intact in our system for the term of your billing period so if the need arises the IP can be switched back and protection enabled within minutes of a new attack.
Failure To Comply With Policy
Failure to fully comply with these terms is grounds for account suspension and/or termination (with or without refund, subject to RivalHost’s discretion). All accounts and/or servers contained within RivalHost’s network must adhere to the above policies.
We reserve the right to remove any account without prior notice. If we terminate your account for violating policy, you will forfeit your rights to a refund–and none will be given. No refunds for advanced payment.
The examples listed herein are a guide and may not be an exhaustive list. If you have a question on whether or not your content is in violation, please email our support department for clarification.
What information do we collect?
We collect information from you when you place an order, request a free malware scan, subscribe to our newsletter, respond to a survey or fill out a form. Any data we request that is not required will be specified as voluntary or optional.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
– To personalize your experience (your information helps us to better respond to your individual needs)
– To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you)
– To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or access your personal information.
These security measures include: password protected directories and databases to safeguard your information, SSL (Secure Sockets Layered) technology to ensure that your information is fully encrypted and sent across the Internet securely or PCI Scanning to actively protect our servers from hackers and other vulnerabilities.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will be kept on file. Because we store credit card information on our own servers, we have taken appropriate measures to ensure that we are PCI DSS Compliant.
Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Children’s Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
Terms and Conditions
Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website at www.urljet.com.
This policy was last modified on May 15, 2010
1015 Waterwood Parkway, Suite G, C-1
Edmond, OK 73034
Federal Trade Commission Fair
Childrens Online Privacy Protection Act
Todd Reagor President/CEO
The Digital Millennium Copyright Act (“DMCA”) provides a mechanism for notifying service providers of claims of unauthorized use of copyrighted materials. Under the DMCA, a claim must be sent to the service provider’s Designated Agent. Email is not an accepted form of communication as delivery origins can be spoofed and altered. If you believe in good faith that Rivalhost.com should be notified of a possible online copyright infringement involving a member of RivalHost’s client base, please notify our Designated Agent by postal mail or delivery courier:
Abuse Division Manager
Attn: Legal Reports
1015 Waterwood Parkway, Suite G, C-1
Edmond, OK 73034
Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. Sec. 512 (3)) before sending your claim. You can read all requirements at Copyright.gov.
DMCA Copyright Infringement Notification Requirements:
- Signature of the copyright owner or a person authorized to act on the copyright owner’s behalf (the “Claimant”).
- Identification of the copyrighted work(s) claimed to have been infringed.
- Identification of the material claimed to infringe the copyright(s), and enough information for Rivalhost.com to locate it including URLs and specific descriptions of the infringing material at each URL.
- The Claimant’s name, address, and telephone number(s).
- A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
- A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.