Terms Of Service

RFCHosting.ca

Reliable, Fast, Connected, Hosting

A Division of Beats Entertainment Inc.

Terms of Service and Acceptable Use Policy

Last Modified: April 1, 2014

RFCHosting (the “Company” or “we”) agrees to furnish web hosting services to the Customer (the “Customer” or “you”) subject to the following Terms of Service and Acceptable Use Policy (collectively the “TOS” or “AUP”). Use of RFCHosting’s services constitutes your acceptance and agreement to our TOS. All provisions of this contract are subject to this Terms of Service and Acceptable Use Policy. We reserve the right to change or modify this TOS, in whole or in part, without any prior notice to you. It will be the responsibility of the Customer to obtain the latest available version of the Terms of Service from our website. The Customer understands that modification to this TOS shall not be grounds for early contract termination or non-payment. As applicable, singular refers to plural, and masculine refers to feminine, and vice-versa in all parts of this TOS.

Section 1: Customer Information

The customer agrees to provide accurate information when they register. Any falsification of registration information will render all obligations has towards the customer null and void. Any change of contact information must be edited by the customer in their profile in the members section of the rfchosting.ca website. You must provide us with, and keep current, valid contact and client profile information including full name, mailing address, city, state, zip code, country, telephone number, and e-mail address. In addition, a valid and working contact e-mail must be set in your cPanel account. Failure to acknowledge this important policy will result in suspension of your account.

Section 2: Usage of Services offered by RFCHosting

While in/using any machines, servers, or services offered by RFCHosting, you may not: Engage in any activities that would cause excessive distress or slander upon any other person; transmit or copy any data that is not owned, licensed by you, is obscene or racially/ethically objectionable.

Any customer caught Hacking RFCHosting servers/equipment will have their service terminated and will not receive a refund. This includes hacking the routers, switches, or operating systems on the machines themselves, or through any other type of access (such as FTP, Telnet, SSH, etc)

Content Restrictions. In order to maintain quality and reliable service, RFCHosting is forced to restrict certain content from being hosted on our servers. We take this provision very seriously and Customers found in violation are subject to suspension or termination of service and/or administrative fees at our sole discretion.

a. Pornographic or adult content is not allowed on our servers. This includes any pornographic or adult material hosted, displayed, or linked to from our servers. This policy is strictly enforced and any users found in violation may be immediately terminated without warning.

b. At no time shall any Customer upload or host any proxy script or program on our servers. These programs are resource intensive and can cause the server to crash. Any account found hosting a proxy script or program will be suspended without notice pending removal of the offending script. Repeat offenders may be terminated.

c. All PHPBB and PHP Nuke installations must be kept up-to-date and upgraded to the latest versions. Users found running vulnerable versions of PHPBB or PHP Nuke are subject to suspension of their account to avoid any possible attack on the server. We strictly enforce this policy, so keep your PHPBB up to date.

d. You, as RFCHosting’s customer, are solely responsible for the content hosted on your account.

e. If our support team contacts you and requests that you remove any specific script, program, or material content, you are to do so immediately and unquestioningly. We will always provide a reason why you need to remove it, so there should be no questions asked and the offending content removed.

f. RFCHosting clients and users may not at any period of time use excessive profanity on their site or storage space containing to their plan. If this is violated they must remove the excessive profanity immediately or have their services suspended or terminated.

Section 3: Guarantees of Service offered by RFCHosting

Network Uptime: Our ISP offers us 99.9% uptime. Given different variables a month we offer a 99.5% uptime. This means we guarantee the AboveNet networks we connect to to be available 698.4 hours out of 720 hours a month (based on a 30 day month) or no more than 21.6 hours of network downtime a month.

Server Uptime: RFCHosting Reserves the right to have machines down for scheduled maintenance 12 hours a month and unscheduled maintenance 6 hours a month. For hardware failure we reserve the right to have 24 hours a month for dealing with hardware failure on machines.

Section 4: Accounting

Activation/Cancellation There is no Setup Fee for any hosting packages. You will have a max of 1 week (7 Days) to make payment or you website will be suspended. If payment has not been received in 1 week (7 Days) from being suspended, your account will be terminated. All your files will be packaged and be available for download.

Re-activation Any websites terminated for non-payment and then re-activated will be subject to a $10 charge

PayPal Chargeback’s Any bounced checks or PayPal Chargeback for services rendered will be subject to an additional $25 fee.

Payments are accepted via PayPal, 2checkout.com, money orders and checks in US or Canadian Dollars Only. Note all payments in Canadian Dollars must equal that of the payments in US Dollars. For currency conversions please visit www.XE.com or contact sales@rfchosting.ca. Please mail all money orders and checks to our Peterborough Office. Information is available here.

PayPal uses must be verified PayPal users, If you are not verified your order will not be processed. For more information contact sales@rfchosting.ca orclientcare@rfchosting.ca.

We accept the following credit cards via 2checkout.com: Visa, MasterCard, American Express (AMEX), JBC, and Dinners Club.

Refunds: After ordering you have 15 days to request a refund, if you are not satisfied with your service. We Do not offer refunds for either services rendered or for the unused remainder of a service term. The only instances where monetary compensation will occur is in account credits for any downtime as listed above. All cancellations must occur at the end of a term.

Unlawful use of services offered by RFCHosting will result in immediate account termination with no refunds or warning (warez, ect).

Late Payments will be charged an initial fee of $5.00 and your site and services suspended. Every day after that the non-paid invoice will be charged $2.00/day. All invoices not paid 15 days after due will have their site, domain, and services terminated until the invoice is paid unless a prior agreement has been setup with our billing department. You can contact them at clientcare@rfchosting.ca.

Exceeding Bandwidth will result in an initial charge of $2.00. If a client continues to exceed his bandwidth he will be charged $1.00/5mb exceeded. These payments may be billed on a separate invoice or attached to due or upcoming invoice.

RESELLERS NOTE: You will be billed for your clients exceeding bandwidth you set for them in your hosting plans. You may bill your clients for exceeding their bandwidth in your own way. RFCHosting is not responsible for Reseller clients exceeding bandwidth.

Section 5: Use of Licensed Software

cPanel/WHM® Software:

You the user acknowledge that cPanel/WHM® (Web Host Manager) is licensed to RFCHosting for uses on our servers. RFCHosting and you the user are subject to the Trademark Rules and Conditions of cPanel Inc. The cPanel® Software is the leading server software in the industry. Any infringements on the Rules and Conditions of cPanel® Inc. trademark will result in immediate termination of your account, services and business with RFCHosting and its Affiliates. The user acknowledges that certain material is supplied under license and that such property rights are owned by the licensor.

WHMCS: You the user acknowledge that WHMCS is licensed unlimitedly to RFCHosting. All and any infringements on the RFCHosting Terms of Service and Rules or Regulations of  WHMCS Limited. And further inquires should be directed towards webmaster@rfchosting.ca. Any infringements on the rights and permissions instated by WHMCS will result in immediate termination of your account, services and business with RFCHosting and its Affiliates. The user acknowledges that certain material is supplied under license and that such property rights are owned by the licensor. The RFCHosting Client Panel is available by clicking here.

Section 6: Acknowledgements By User 

Computer and Network/Internet Faults:

You the user acknowledge that computer and network systems are not fault free and there may be times when these systems experience interruptions and downtime (unavailability). RFCHosting does not guarantee uninterrupted service though does make compensation for certain types of interruption as listed earlier in this document. The user agrees that he/she/they shall make no claim of breach of contract for any such interruption.

Copyrights/Trademarks: The user acknowledges that all copyrights and trademarks (registered and unregistered), intellectual property, design rights (registered and unregistered), in the website, belongs to RFCHosting and the user shall not infringe on any of those rights. This includes copying, distribution and/or modification.

The user acknowledges that certain material is supplied under license and that such property rights are owned by the licensor.

Communication: The user acknowledges that they shall not use any unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, racial, sexually oriented, or otherwise objectionable material in communication with RFCHosting, post such material on the RFCHosting forums, or have such material on their servers and or web sites. RFCHosting reserves the right to remove any such material it finds objectionable.

Section 7: Acceptable Use Policy (AUP).

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this TOS. The constitutes a violation of this AUP and TOS:

a. Illegal use: RFCHosting’s services may not be used for illegal purposes, or in support of illegal activities. RFCHosting reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

b. Harm to Minors: Use of the RFCHosting’s service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography. Appropriate legal actions will occur if such information or items pertaining to a clients plan and storage space does occurs. Violators will be punished to the fullest extent of the law.

c. Threats: Use of the RFCHosting service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

d. Harassment: Use of the RFCHosting service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

e. Fraudulent Activity: Use of RFCHosting’s service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes,” “ponzi schemes,” and “chain letters.”

f. Forgery or Impersonation: 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.

g. Unsolicited Commercial E-mail / Unsolicited Bulk E-mail: (SPAM) Use of the RFCHosting service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending RFCHosting account.

h. E-mail / News Bombing: Malicious intent to impede another person’s use of electronic mail services or news will result in the immediate termination of the offending RFCHosting account.

i. E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the RFCHosting service is in violation of this AUP.

j. Usenet SPAMing: RFCHosting has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

k. Unauthorized Access: Use of the RFCHosting service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of RFCHosting’s or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending RFCHosting account is subject to immediate termination.

l. Copyright or Trademark Infringement: Use of the RFCHosting service to transmit any material (by e-mail, uploading, posting, hot linking, directly linking or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

m. Collection of Personal Data: Use of the RFCHosting service to collect, or attempt to collect, personal information about third parties without their knowledge or consent will not be tolerated.

n. Network Disruptions and Unfriendly Activity: Use of the RFCHosting service for any activity which affects the ability of other people or systems to use RFCHosting Services or the Internet. This includes “denial of service” (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member’s responsibility to ensure that their network is configured in a secure manner. A Customer may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Customer may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account termination. RFCHosting will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

o. Net Send Spam: The use of the net send utility to send unsolicited bulk communication is prohibited. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service.

p. Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

q. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

r. Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.

s. Third Party Accountability: RFCHosting subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.

Section 8: Liability: 

IN NO EVENT WILL RFCHOSTING BE LIABLE TO CUSTOMER FOR ANY CONSEQUENTIAL, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL DAMAGES OR ANY LOSS OF PROFIT, REVENUE, DATA OR GOODWILL WHETHER INCURRED OR SUFFERED AS A RESULT OF UNAVAILABILITY OF THE SERVICES, PERFORMANCE, NONPERFORMANCE, NEGLIGENCE, TERMINATION, BREACH OR ACTION OR INACTION UNDER THIS AGREEMENT EVEN IF CLIENT ADVISES RFCHOSTING OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATION ON LIABILITY, HOWEVER, SHALL NOT RELIEVE RFCHOSTING FROM LIABILITY FOR DIRECT DAMAGES ARISING SOLELY OUT OF RFCHOSTING’S GROSS NEGLIGENCE OR WANTON OR WILLFUL MISCONDUCT IN PERFORMANCE OF THE HOSTING SERVICES.

Section 9: Reservation of Rights

RFCHosting reserves the rights to edit or change any portion of the RFCHosting Website without prior notice given to customers or the general public. Notice will only be given when updates have been done to contracts relating to RFCHosting or the Term of Service page has been edited. All permissions, contracts, and software licenses are here by © 2014 RFCHosting. All Rights Reserved.

Section 10: Acceptance of Terms 

The user of any RFCHosting service, agrees to be bound by these terms and services. Failure to accept these terms and services means the user does not have permission to access any services offered by RFCHosting and must cease use immediately.