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

Use of Service constitutes acceptance and agreement to ServerRhino's AUP as well as ServerRhino's TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of ServerRhino and AUP (acceptable use policy). The AUP may be changed from time to time at the discretion of ServerRhino, without warning. Subscriber understands that change to the AUP by ServerRhino shall not be grounds for early contract termination or non-payment. Should you violate the TOS do not expect a refund.

Section 1. Disclosure:
The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition shall have the right to terminate all service set forth in this Agreement.

Section 2. Service Rates:
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

Section 3. Payment:
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. Subscriber agrees that The Company automatically charges subscriber`s credit card every month. ServerRhino reserves the right to process client credit cards from 1 to 5 days before the actual due date to ensure that the funds are received by the due date.

Section 4. Payments and Fees:
Service will be interrupted on accounts that reach 5 days past due. Service interrupted for nonpayment is subject to a 35% late fee. Accounts that are not collectible by may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $200. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this document.

Section 5. Refunds and Disputes:
All payments to ServerRhino are non refundable. This includes the one time setup fee and subsequent charges regardless of usage. Refunds are given as credit in the Online Client Portal. All overcharges or billing disputes must be reported within 21 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in ServerRhino's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay an "Administrative Fee" of not less than $250 and not more than $500.

Section 6. Failure to Pay:
ServerRhino 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.

Section 7. Account Cancellation: All requests for canceling accounts must be made via email to sales with at least 10 days prior to billing date. You must have all account information to cancel. ServerRhino reserves the right to cancel service at any time. All fees paid in advance of cancellation, ServerRhino will return 15% of the available account balance. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.) All of ServerRhino's web hosting plans are backed by a 15 day money back guarantee. If you are not completely satisfied with our services or support within the first 15 days of your contract, you will be given a full refund of the contract amount excluding setup fees, domain registration fees, add-on/upgrade fees and overages. Setup fees are refundable only if the account order is canceled prior to account activation. For web hosting contracts of 3 months or less, the full contract amount less any setup fees and overages will be refunded if ServerRhino is notified within the first 15 days following activation. No refund is available after the 7th day. If you cancel prior to the end of your contract term and you received special pre-pay rates we will return 15% of the amount owed. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, etc. Phone or email requests will not constitute acceptance of any cancellation.

Section 8. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons. Therefore, subscriber agrees that the company shall not be liable for any damages. In no event shall the company be liable for any special or consequential damages, loss or injury.

Section 11. SPAM and Unsolicited Commercial Email (UCE): ServerRhino takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of may not use or permit others to use our network to transact in UCE. Customers of may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Part a. Violation of ServerRhino's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, will initiate an immediate investigation (within 48 hours of notification). During the investigation, may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, may, at its sole discretion, restrict, suspend or terminate customer's account. Further, reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. will notify law enforcement officials if the violation is believed to be a criminal offence.
Part b. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
Part c. As our Customers are ultimately responsible for the actions of their clients over the network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

IMPORTANT NOTICE:
Anyone hosting web sites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.

Section 12. Network
Part a. IP Address Ownership: If ServerRhino assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to ServerRhino, and Customer shall have no right to use that Internet Protocol address except as permitted by in its sole discretion in connection with the Services, during the term of this Agreement ServerRhino shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by , and reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
Part b. Bandwidth Usage . ServerRhino will monitor Customer's bandwidth. ServerRhino shall have the right to take corrective action if Customer's usage negatively impacts other clients.
Part c. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Network. Violations of system or network security may result in civil or criminal liability. will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
i. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
iv. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
v. Taking any action in order to obtain services to which such User is not entitled.

Section 13. Notification of Violation:
Part a. ServerRhino is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities. ServerRhino reserves the right to terminate service to any client without warning.
Part b. First violation: Any User, which determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at ServerRhino's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations. Should the violation be serious enough a suspension or termination of service without further notice may be applied.
Part c. Second Violation: Users that determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
Part d. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

Section 14. Suspension of Service: ServerRhino reserves the right to suspend network access to any customer if in the judgment of the network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which ServerRhino chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

Section 15. ServerRhino reserves the right to amend its policies at any time. All Sub-Networks, resellers and servers of ServerRhino must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

Section 16. Indemnification: ServerRhino wishes to emphasize that in agreeing to the ServerRhino Acceptable Use Policy (AUP) and Terms of Service (TOS), customer indemnifies ServerRhino for any violation of the Acceptable Use Policy (AUP) and Terms of Service (TOS) that results in loss to ServerRhino or the bringing of any claim against ServerRhino by any third-party. This means that if ServerRhino is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against ServerRhino, plus all costs and attorney's fees.

Section 17. Customer acknowledges that the service provided is of such a nature that service can be interrupted for many different reasons and interruptions can be prolonged due to external or internal events. Therefore, subscriber agrees that the ServerRhino shall not be liable for any damages arising from such loss of service for any reason. In no event shall the company be liable for any special or consequential damages, loss or injury.

Section 18. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
Part a. A waiver by ServerRhino of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
Part b. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. ServerRhino may assign Agreement at anytime without consent from or notice to Subscriber. ServerRhino reserves right to cancel customers rights under this contract at anytime without further obligation.
Part c. ServerRhino takes no responsibility for any material input by others and not posted to the ServerRhino Network by ServerRhino. ServerRhino is not responsible for the content of any other web sites linked to the ServerRhino Network; links are provided as Internet navigation tools only. ServerRhino disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
Part d. ServerRhino is not responsible for any damages your business may suffer. ServerRhino does not make implied or written warranties for any of our services. ServerRhino 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 ServerRhino.
Part e. Reseller accounts using their webspace to provide free web hosting may have an account limit set on their account to prevent system recourse abuses. Please contact us more information.

Section 19. Responsibility for Content: You, as ServerRhino's customer, are solely responsible for the content stored on and served by your ServerRhino server.

LIMITATION OF LIABILITY:
ServerRhino shall not be responsible for any claimed damages, loss of data, theft, or destruction of information, including incidental and consequential damages, which may arise from ServerRhino servers going off-line or being unavailable for any reason whatsoever. Furthermore, ServerRhino shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of ServerRhino servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Uses Policies should be referred to abuse@ServerRhino. All complaints will be investigated promptly.

IN NO EVENT WILL SERVERRHINO OR ITS SUPPLIERS HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. NEITHER SERVERRHINO NOR ITS SUPPLIERS WILL HAVE LIABILITY WITH RESPECT TO SERVERRHINO'S OBLIGATIONS UNDER THIS AGREEMENT, OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF SERVERRHINO HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE LIABILITY OF SERVERRHINO AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO SERVERRHINO UNDER THIS AGREEMENT DURING THE 3 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY SERVERRHINO UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU RELEASE SERVERRHINO AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED IN THIS SECTION.

Acceptable Usage Policy

Shell Account Policies
A) Participation in denial of service attacks from ServerRhino 's servers is strictly prohibited.
B) The customer is responsible for all denial of service attacks they may receive and must try their best to prevent such occurrences. If a customer is found to be receiving denial of service attacks frequently their account may be suspended or cancelled at the discretion of ServerRhino's management.
C) There are to be no war bots, xdcc bots, takeover bots, or IRC's, egg drop, bots, proxy sites or HYIP sites run on ServerRhino 's servers. 

The following are considered violations of ServerRhino AUP (acceptable use policy)

Section 1. a) Illegal use: ServerRhino's services may not be used for illegal purposes, or in support of illegal activities. ServerRhino reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
DDoS attacks or any other attacks launched from within our servers or against our servers will result in your account being terminated. No IRC or related processes (regular network). No cracked/pirated software, virus/trojans, & illegal pornography. Any user in violation of this policy will have their site suspended and asked to remove it. Failure to do so will result in account termination, without the chance of refund or data recovery.

Section 2. Threats: Use of ServerRhino's service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property is strictly forbid.

Section 3. Harassment: Use of the ServerRhino's service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

Section 4. 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 re mailers or nicknames does not constitute impersonation.

Section 5. Fraudulent activity: Use of ServerRhino'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", or "chain letters."

Section 6. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM): Use of the ServerRhino's 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 ServerRhino account.

Section 7. 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 ServerRhino account.

Section 8. E-mail / Message Forging : Forging any message header, in part or whole, of any electronic transmission, originating or passing through the ServerRhino service is in violation of this AUP.

Section 9. Usenet Spamming: ServerRhino 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.

Section 10. Unauthorized Access: Use of the ServerRhino's service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of ServerRhino'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 ServerRhino account/server is subject to immediate termination.

Section 11. Copyright or trademark infringement: Use of the ServerRhino's service to transmit any material (by e-mail, uploading, posting 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.

Section 12. Collection of personal data: Use of the ServerRhino's service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

Section 13. Network disruptions and unfriendly activity: Use of the ServerRhino's service for any activity which affects the ability of other people or systems to use ServerRhino 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 Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber 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. ServerRhino 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. Shared hosting accounts may not use more than 3% CPU or 3% memory over a 24 hour period, run more than 15 simultaneous processes or allow any process to run for longer than 30 CPU seconds. Databases are limited to 24 max user connections.

Section 14. Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

Section 15. Copyrights: 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.

Section 16. 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 offence will result in the immediate termination of the offending ServerRhino account/server.

Section 17. Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging or proxies, while using ServerRhino's services could result in suspension service.

Section 18. Third Party Accountability: ServerRhino 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 19. IRC Policy: IRC or any releated activities are strictly forbidden. Clients found running IRC on our standard network will have their account disconnected until they agree to remove it.

Section 20. Adult Content: Legal adult content is allowed.

Service Level Agreement - SLA

ServerRhino - SLA

Hosting, Reseller and Dedicated services are defined as servers and server space that is rented to Clients. This service is to provide the clients with knowledge and overview of the server. From time to time security updates, patches, kernel upgrades, and System Administration may be performed free of charge. In addition to these services System Administrator may make recommendations to improve the overall performance, security, and updates to the service. At the sole discretion of the System Administrator any installation, configuration, or tuning of the server may be considered billable, and you will be notified and requested to approve any additional charges. Any Support not included with your dedicated server, will be subject to a $75 an hour labor fee, billed in ½ hour increments during office hours between 9:00am  5:00pm M-F (EST). ServerRhino reserves the right to perform maintenance, security checks, or management without client initiating such request. ServerRhino does not take responsibility for the overall security of servers.

Network Outages or Unscheduled downtime is any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services. A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem within the network as confirmed by ServerRhino. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.

Scheduled Downtime is any ServerRhino scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail and/or forum post. 

ServerRhino will refund the customer 200% of the value of the time of service (up to 100% of your monthly fee) for network downtime. Network downtime is measured from the time the network is 100% unreachable, until service is once again restored. In order to request a performance credit, you must E-mail us within 10 days of reported violation. SLA violations will be reviewed by our personnel Monday - Friday 9AM to 5PM EST. 

*Network violation SLA credit does not cover server hardware failure.* 

Performance Credit exclusions:

The following are excluded from the monthly calculation of Service Availability:

Scheduled downtime
Problems outside of ServerRhino network (upstream providers, or clients inbound connection) not effecting 100% loss to our network Interruptions or failure of individual service caused by client, their employees, clients customers, etc. to their service. These include inaccurate configuration, 3rd party software, client abuse or over utilization of resources, hacked servers, attacks, exploits, or server hardware failures. 

Server Hardware for Dedicated
Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included for Dedicated Server

Hardware replacement will occur within 12 hours of the reported problem (Usually FAR quicker),ServerRhino will refund 5% of the monthly fee per additional 6 hours of down time (up to 100% of customer's monthly fee). In order to reduce replacement hardware downtime, we keep a small quantity of pre-built systems on hand to swap out Hard disks, so that your server can be back up in the shortest amount of time. For Hard disk failures, we keep pre-installed drives with our standard partitioning for immediate deployment, but Cpanel must always be loaded after deployment (part of its validation process) and so will slightly delay the process. In order to request an SLA hardware violation credit, you must E-mail us within 10 days of reported violation. SLA violations will be reviewed by our personnel Monday - Friday 9AM to 5PM EST.

*Hardware SLA violations do not cover network violation

Performance Credit exclusions: The following are excluded from the monthly calculation of Service Availability:

Interruptions or failure of individual service caused by client, their employees, clients customers, etc. to their service. These include inaccurate configuration, 3rd party software, client abuse or over utilization of resources, hacked servers, attacks and exploits.

Replacement is defined as returning the server to original configuration when it was purchased. If hardware failure causes corrupted Operating System, Data Files, or Configuration of server, ServerRhino will restore the system to original state.

If the server is compromised and a NEW OS and/or Cpanel re-install must be performed for security reasons ServerRhino will charge a $75 fee to restore the system.

ServerRhino is not responsible for the restoration of data to server. We strongly recommend that your purchase backup options for your server, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, you the client are responsible for data restoration. ServerRhino shall not be liable for loss of data under any circumstance