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Ok, we have all kinds of "legalize" here (Acceptable use policy and
Terms and Conditions). As a consumer, it is your responsibility to read
it. To summarize:
ACCOUNTS CAN BE REFUSED AND/OR DISCONTINUED AT ServerRhino
DISCRETION.
This is a very careful and
secure company and WE WILL check
your customer input to confirm
your information. Any
irregularities will be cause for
refusal. We do not have instant
activation for this reason. but
we do have HIGHLY satisfied
customers on a clean service as
a result!
No IRC's, BNC's, Eggdrops, Unauthorized SHELL programs, HYIP or PROXY
sites, Illegal or blatantly offensive material or Spamming from a site
or server. Period. No Exceptions at any time for any reason. Customers
who LOAD (Proof of use or public display NOT required) these programs or
materials on any server will be terminated without recourse and billed
(including penalties) and further pursued to THE FULLEST EXTENT of the
LAW, including but not limited to lawsuits against the individuals
responsible.
Spamming using other resources with links directed back to sites on
our servers IS involving us in the spamming not unlike using our actual
server and can be grounds for termination without recourse.
Using a hosting or
reseller account as a
backup/storage device is not
permitted, with the
exception of one cPanel backup
of the same account. This also
includes Music. Movie or Image
storage other than what is
needed for your website to
operate properly .
Broadcasting live events or
anything other than very short
compressed clips will be
considered a violation of TOS.
SerrverRhino reserves the right
to be the final arbiter in this
regard and accounts can be
suspended for violations without
warning or compensation.
IF YOU HAVE QUESTIONS regarding
these policies, please e-mail us
in advance
(sales@serverrhino.com)
and we will do our best to
approve/disapprove as fast as
possible. Do not e-mail
support, they are unable to
approve/disapprove server
content.
Users may not use more than 33%
of server resources for over 2
minutes sustained. If this
is happening either your code
needs work, your site has been
compromised or your site is
simply to large and active for a
shared resource plan.
Further, no account may have
more than 100,000 Inodes (each
file is a Inode). Please
keep in mind that this limit
also impact your e-mail, we can
not be a storage depot for huge
amounts of archived e-mails or
other files. The indexing
eventually creates to much of a
strain on our resouces.
Support Restrictions:
ServerRhino will make every effort to support information for
configuring popular network/web software to use internet services.
However we can in no way specifically test every piece of software that
could conceivably be utilized with our systems, only provide general
system-related information. The offer of any particular service does not
constitute an obligation on serverRhino's part to tutor the necessary
skills to utilize that service, only to provide system-specific
information.
ServerRhino will no longer support the installation of any SSL's other
than its own. Now I know you are all thinking .. "they are just trying
to get a new revenue stream and make more money on us"..and if so...you
have not looked at our SSL prices..[;->. For the time spent, we
lose money on them BUT...we never have to go back and debug them, or fix
them after they have been improperly installed 7-8 times (what a mess
that makes)...etc. So in the interest of simplicity,
consistency and most important of all...keeping the tech time properly
used...This is our company policy
Payments:
Accounts will be billed 5 days in advance for the month of service. If
you sign up and receive service today, we will bill you today for the
next 30 (or 28/31) days for service. No refunds will be processed
without "cause" . Accounts are invoiced 4 days in advance of payment
processed. You will be notified by e-mail to the address you signed up
with for services of success or failure. If billing fails and we are
unable to process payment for over 5 days we will suspend services
without further notice. If we are still unable to collect 10 days past
payment due date we reserve the right to terminate the account and all
files on our services without recourse.
Uptime Guarantee:
If your website and/or email becomes unavailable due to reasons at your
facility (or related), We will offer a refund for 2X the amount of time
lost regardless of duration of downtime for any reason NOT related to
customer error up to 100% of monthly charges refunded.
CANCELLATION POLICY:
We offer a 30 day money back guarantee for cause on all hosting,
reseller and dedicated services plans. Cause is any demonstrated failure
on our part to deliver services purchased. If you can provide us with a
reason that we failed to provide the services you purchased from us we
will be more than happy to give you a refund. Secure server certificate
and domain registration fee's ARE NOT REFUNDABLE
CANCELLATIONS MUST BE SUBMITTED
THROUGH THE BILLING PORTAL 7
DAYS IN ADVANCE OF
DISCONTINUATION OF SERVICES.
Again, Pro-rated refunds for
monthly billing are not given so
be sure that we know your
intention to leave within 7 days
of billing..[;->
To cancel, please go to
https://serverrhino.com/billing/
and login with your billing
credentials.
Once there,
click on "My hosting packages"
Once the next window opens,
click on "View Details" to the
far right of the
service you
want to cancel on the same line.
From there on the bottom of
the page you may cancel
services.
a) What if we sign up for 1 year
in advance? Is refund available,
is it full, prorated or
percentage-based?
See above for specific service
policies. When offered, the
refund is Pro-rated to the next
months billing. If you sign up
for a year at $120.00 and want
to leave after 1 month we will
refund $108.00 (11/12's of the
purchase price). Same situation,
you sign up for a year at
$120.00 and leave after 45 days
you could be eligible for a
refund of $96.00 (10/12's of the
purchase price) since you are
already into the second month of
service and that has already
been accounted for. The
exception to this is as
follows...if the annual fee
represents a discount over our
monthly fee, you will be refund
AFTER the calculation of monthly
billing is done.
b) Is there a timeline where
refund eligibility becomes void?
No
Payments:
ServerRhino accepts MasterCard and Visa, Discover and PayPal as payment
options. We will not accept company or personal checks or wire
transfers.
Acceptable Use Policy (AUP)
Use of ServerRhino Service constitutes acceptance and agreement to
ServerRhino AUP as well as ServerRhino TOS (Terms of Service).
ServerRhino Inc reserves 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. Notice of any revision, amendment, or
modification will be posted in accordance with our TOS (Terms of
Service). All users of ServerRhino Internet services, and their clients,
must comply with this AUP and our TOS (Terms of Service).
IMPORTANT NOTICE:
Payments To ServerRhino have a 30 day money back guarantee for cause
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 AUP. ServerRhino may cooperate with legal authorities
and/or third parties in the investigation of any suspected or alleged
crime or civil wrongdoing. Your violation of this AUP may result in the
suspension or immediate termination of either your ServerRhino account
or other actions as detailed below without notice, based upon the nature
of the violation. As noted on the site, legal Adult Content is allowed
Hosting only Customers:
Please remember, your unlimited E-Mail Services and/or subdomains are
for YOUR use. They are not intended to be used for re-sale or
promotional offerings. Please order a reseller/VPS or
Dedicated Server account if that is your planned usage
This document is intended to provide a basic understand of ServerRhino
Acceptable Use Policy. The following are guidelines for the
establishment and enforcement of ServerRhino AUP. If a ServerRhino
account violates this Acceptable Use Policy or our TOS, we reserve the
right to terminate your service without notice. While we prefer to
advise customers of inappropriate behavior and any necessary corrective
action, We must reserve the right based on the nature of the violation
to take any and all corrective actions ourselves including immediate
termination of service.
The following constitute violations of this AUP:
Illegal Activities:
ServerRhino 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.
Harm or Endangerment to other
people:
You may not use ServerRhino
service to harm, or attempt to
harm, minors in any way,
including, but not limited to
child pornography, or use
ServerRhino service to transmit
any material (by e-mail,
uploading, posting or otherwise)
that threatens or encourages
bodily harm or destruction of
property.
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.
Unsolicited E-mail, News
Bombing (SPAM)
Use of the ServerRhino service
to transmit any unsolicited
commercial or unsolicited bulk
e-mail is expressly prohibited.
Violations of this type will
result in the immediate
suspension of the offending
ServerRhino account. Spam
complaints will be sent to the
e-mail address on file. Failure
to respond to complaints within
a 24 hour timeframe will result
in the ServerRhino staff
suspending the offending account
by whatever means necessary.
Should the account become
re-activated without the express
written consent of ServerRhino,
the offending account will be
immediately terminated, and may
result in suspension /
termination of the server
itself. Anyone hosting websites
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.
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.
Shoutcast, SafeList's and Gaming
Prohibited for Hosting, Reseller and VPS Customers ONLY (Does
not apply to Dedicated Servers other than legal restrictions), see
below:
Torrents and 777 permissions folders.
Prohibited on ANY ServerRhino
Services, see below:
ServerRhino will allow Double opt-in Safelists, Shoutcast and Gaming as
long as they are on their own dedicated servers. These types of sites
use a great deal of resources and can't be supported through our
website, reseller or VPS programs. We also require that these list be
carefully policed and comply with all state (Massachusetts) and federal
(United States) law (regardless of where the site ownership is located).
Failure to abide by these laws constitutes a violation of our TOS/AUP
and termination will be enforced without exception or limits.
On ALL servers, any and all 777
Folders in /home/public_html/*.*
folders are NOT allowed,
regardless of (badly written)
software requirements. You
can use 755 without issues for
almost all softwares available.
Copyright or trademark infringement:
Use of the ServerRhino 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. Use of the ServerRhino
service to collect, or attempt to collect, personal information about
third parties without their knowledge or consent. Distribution and/or
posting of copyrighted or the aforementioned infringements will not be
tolerated.
Network disruptions :
Use of the ServerRhino 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. 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. ServerRhino, does
not allow the hosting of IRC, IRC Bots, or eggdrops or Unauthorized
SHELL programs on our network. Accounts found hosting this material will
be subject to immediate cancellation without refund. Use of the
ServerRhino service to access, or to attempt to access, the accounts of
others, or to penetrate, or attempt to penetrate, security measures of
ServerRhino 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 is subject to
immediate termination.
Security:
You are responsible for any misuse of your account, even if the
inappropriate activity was committed by a friend, family member, guest
or employee. 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.
Network Security:
ServerRhino accounts operate on shared network resources. Excessive use
or abuse of these resources by one customer may have a negative impact
on all other customers. Misuse of network resources in a manner which
impairs network performance is prohibited by this policy and may result
in termination of your account.
REPORTING VIOLATIONS OF ServerRhino AUP
ServerRhino requests that anyone who believes that there is a violation
of this AUP direct the information to the Abuse Department at
abuse@serverrhino.com
if possible, please provide the IP address used to commit the violation,
date and time of the violation, and evidence of the violation.
ServerRhino will charge a
$200.00 site clean-up fee for
any abuse of the terms listed
above PLUS, ALL TIME AND
RESOURCES TO TRACK AND TRACE
ABUSE WILL BE BILLED AT
SERVERRHINO'S $75.00 PER HOUR.
Terms of Service (TOS)
All Terms and Conditions of this TOS (Terms of Service) our AUP
(Acceptable Use Policy) and SLA may be modified at our sole discretion
without prior warning. Changes to this TOS does not constitute grounds
for early contract termination or non-payment. Please check back
regularly for any updates.
Use of ServerRhino Service constitutes acceptance and agreement to
ServerRhino Inc AUP (Acceptable Use Policy) as well as ServerRhino TOS
(Terms of Service). From herewith in this TOS, AUP, and SLA, the usage
of us, we, our, ours shall constitute reference to ServerRhino, the
usage of you, your, they, them shall refer to client / customer of
ServerRhino.
Acceptance of Contractual
Agreement
1. Client agrees that by placing
an order either by means of
electronic ordering (web order
form) and receipt of such order
by ServerRhino, that you are
agreeing to our TOS, AUP, and
SLA. No Modifications of said
contract by customer is allowed.
2. ServerRhino will provide, and
Customer will purchase and pay
for, the Services, and service
fees specified in the Order for
the applicable Service
Description. Customer
acknowledges that the service,
and service fees have been
communicated to the customer,
and that they are aware of all
applicable charges as per
contract, AUP, SLA, and TOS.
Customer also understands that
any promotional offers unless
specified in contractual terms
will not be applicable to their
individual service.
3. In connection with any
Hosting Services, if Customers
actual bandwidth usage in any
month exceeds allotted amount,
specified in Customers contract,
Customer will pay ServerRhino
any additional fees as specified
in the Service Description.
Payment:
Establishment of this service is contingent upon receipt of payment from
Customer to ServerRhino Inc. Subsequent payments are due on the
anniversary date of the month for that months service. Any setup fees
will be charged full setup fee pricing, and are applied at time of
initial request of such services.
Payments and Fees:
Payment is due on the defined monthly recurring billing date of each
month. Service will be interrupted on accounts that reach 5 days past
due and subject to immediate termination. Service interrupted for
nonpayment is subject to the setup fee for that service for
reconnection. Accounts that are not collectable by ServerRhino will be
turned over to an outside 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 Fifty($50.00) nor more than One
Hundred, Fifty ($150.00).
Delinquent Accounts:
ServerRhino may temporarily deny service or terminate this Agreement
upon failure of Customer to pay charges when due. Such termination or
denial will not relieve Customer of responsibility for the payment of
all accrued service fees, or any collection fees.
Account Cancellation:
All CANCELLATIONS MUST BE SUBMITTED THROUGH THE BILLING PORTAL 7 DAYS
IN ADVANCE OF DISCONTINUATION OF SERVICES.. Pro-rated refunds are not
given so be sure that we know your intention to leave within 7 days of
billing.
Refunds and Disputes:
All billing disputes must be reported within 30 days of the time the
dispute occurred. Disputed charges to your credit card issuer, also
known as chargeback's, in ServerRhino Inc discretion which is valid,
under the terms and conditions of our SLA, AUP, and TOS, will result in
service interruption, and reconnection fees to restore the desired
service.
Litigation and Legal Action
ServerRhino Inc is incorporated in the state of Massachusetts and as
such...regardless of the place of agreement, the client agrees that for
purposes of venue and jurisdiction the understanding regarding services
was entered into and performed in Worcester County, MA, and any dispute
will be litigated or arbitrated in Worcester County, MA. Customer
further waives all objections to venue or jurisdiction and acknowledges
that venue and jurisdiction in any such litigation will be held in
Worcester County Courts.
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 Inc reserves the right to
perform maintenance, security checks, or management without
client initiating such request. ServerRhino Inc 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,
or Co-Located Servers
Hardware is defined as the
Processor(s), RAM, hard disk(s),
motherboard, NIC card and other
related hardware included for
Dedicated Servers, and switches
for Co-Located Servers, unless
client provides their own
switch.
Hardware replacement will occur
within 12 hours of the reported
problem, 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 Inc 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
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