Rose Web Services LLC ("The Company") agrees to provide services to the Customer, subject to the following AUP (Acceptable Use Policy). From herewithin this AUP, the usage of "us", "we", "our", "ours" shall constitute reference to Rose Web Services LLC, the usage of "you", "your", "they", "them" shall refer to the customer of Rose Web Services LLC
Use of company services constitutes acceptance and agreement to the company's AUP as well as the company's TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of Rose Web Services LLC and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company.
You are responsible for any and all content in and under your site or account at all times. All services provided by Rose Web Services LLC may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City laws is prohibited.
Rose Web Services LLC is not responsible for any claims resulting from the use of our service. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such materials are prohibited. This also includes, but is not limited to Adult sites, pirated software or media, hacker programs/archives, copyrighted MP3, Warez, other copyrighted material or material protected by trade secrets and other statutes.
Use of our service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property. Use of our services to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
Use of our services to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "phishing sites," "pyramid schemes," "ponzi schemes," and "chain letters." Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
Any activity which affects the ability of other people or systems to use any services or other internet services. This includes "denial of service" (DOS) attacks against other networks, hosts or individual users. Interference with or disruption of other network users, services or equipment is prohibited. It is the client's responsibility to ensure that their server is configured in a secure manner. A client may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. Unauthorized entry and/or use of another company's and/or individual's computer system will result in immediate account termination. We will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems.
We do not allow programs to run continually in the background with high CPU utilization. This is to minimize system resources used and operational maintenance needed. We also do not allow running benchmarking software on our servers due to their impact on the overall resources of the servers. Cron jobs are only allowed if the time between two consecutive executions is at least double the time required for the cron job to finish, or 5 minutes, whichever is longer.
If you are planning to run high-volume (1000's of emails per day) mailing lists or similar, you have to let us know in advance and make special arrangements because the regular shared and virtual server hosting accounts are not suitable for such activities.
We currently DO NOT allow any IRC servers, bots or any other IRC related software to be operated on our servers.
Spamming, or the sending of unsolicited email, from a Rose Web Services LLC server or using an email address that is maintained by us is STRICTLY prohibited and will qualify your account for immediate termination with no refund. Rose Web Services LLC will be the sole arbiter as to what constitutes a violation of this provision. Additionally, claims investigated by us about spam from any of our users or users of theirs, will be fined and billed for such work. The fee for such an instance if you are found to be at fault is $.50 per email sent and up to a $500 fine per incident.
Any attempts to undermine or cause harm to any Company server or customer of ours is strictly prohibited. Rose Web Services LLC holds no responsibility for the use of our clients' accounts. Any account that abuses resources and actions are not taken to desist, calls for immediate termination without any refund of payments made thus far. Any site using what we deem to be excessive cpu cycles or any other resource that causes strain to other sites may also be offered new terms. Use of our services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of ours or another entity's computer software or hardware, electronic communications systems, or telecommunications systems is also prohibited.
Any of the following violations will result in prompt suspension and/or termination of your
- crypto coin mining or any crypto coin related activities
- obscene speech
- promoting violence or injury
- using defamatory, threatening or abusive language
- hosting gambling, or similar activities such as HYIP (High Yield Investment Programs), Ponzi schemes or pyramid schemes
- hosting online pharmacies
- violations of U.S. export control laws
- violation of intellectual property rights of others
- forging, misrepresenting, omitting or deleting message headers, return mailing information, or internet protocol addresses to conceal or misidentify the origin of a message
- creating or sending Internet viruses, worms or Trojan horses, flood or mail bombs, or engaging in denial of service attacks
- hacking, and/or subverting, or assisting others in subverting, the security or integrity of HostDime's services or systems
- acting in any manner that might subject us to unfavorable regulatory action, any liability for any reason, or adversely affect our public image, reputation or goodwill, as determined by us in our sole and exclusive discretion
- soliciting the performance of any illegal activity, even if the activity itself is not performed
- directly facilitating violation of a law or regulation and/or instructing others in prohibited activities.
All sites hosted by us have the privilege of unthrottled bandwidth. This means your site is placed on our ultra fast servers and connected to multiple backbones which allow a user to surf your site at unrestricted speeds. If they visit your site through a 56k modem or a gigabit connection, your site will always be as fast as possible. You are not penalized for the high bandwidth web surfer that creates high traffic spikes. If your site's monthly usage is above your monthly total allotment you will be billed for the overage or will be asked to upgrade to the next higher hosting plan. We will work with our clients to keep their sites alive and fast at all times.
Rose Web Services LLC utilizes servers of highest quality. All servers are equipped with SSD drives which are regularly monitored to ensure that files are never lost due to a hard drive failure. We are backing up all servers for our own disaster recovery purposes about once weekly. You need to make sure that you do not accidentally delete any critical files you need. An additional backup service might be available upon request for an additional low fee. Also, you are advised to always backup all of your important files to your local drive. The customer agrees that Rose Web Services LLC will NOT be responsible for lost data, time, income or any other resource due to missing data.
You are solely responsible for the security of your server and your hosting account. You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest, employee or a malicious user or hacker. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Sharing your password and account access with unauthorized users is prohibited and you will be held responsible for such use. Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service. You may not attempt to circumvent user authentication or security of any host, network or account. Users who violate systems or network security may incur criminal or civil liability. We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Use of the Services to disseminate or display images classified under U.S. law as child pornography, child erotica and/or bestiality is strictly prohibited. We shall immediately terminate the accounts of any customers and/or End Users who are using the Services in this manner, and report them as required by law, without prior notice. Further information about child pornography may be found at http://www.ncmec.org
Use of the services by you and/or your End Users is governed by U.S. export control laws. These laws apply regardless of whether you and/or your End User actually reside in the United States. You may not use our services in violation of these laws, or to conduct business with third parties from sanctioned countries. More information about U.S. export laws may be found at: http://www.export.gov/exportcontrols.html
We reserve the right to refuse, cancel, or suspend service at our sole discretion.
We reserve the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner.