Rescue Hosting, Terms of Service

Acceptable Use / Terms of Service

Rescue Hosting reserves the right to modify and change the terms of service at any time. All clients will be notified of changes to the posted policy and given one week to opt in our out of their service if they are in violation of stated policy. Note - no refunds will be issued if you are in violation of the use or terms.

* You the client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by Rescue Hosting, that you are agreeing to our TOS, AUP, and SLA. No Modifications of said contract by customer is allowed.

Support Hours / Response:

Rescue Hosting support team is available 24 / 7 - as we try to monitor all support tickets, live support chat and much more - please be aware that our team is not always at a computer 24 /7. By putting in a support ticket - a technician is always paged, and will respond within a few hours or less - most support tickets are answered within the hour that it is placed between the hours of 8 AM and 9 PM - our overnight team also does its best to respond in a timely fashion. If you choose not to put in a support ticket, response time may increase.

Payment Policy:

Rescue Hosting currently accepts payment via Paypal services, and can opt in special circumstances to accept payment by mail , check, money order or other. However this has to be pre-approved and is not an option without approval.

Late Payment Policy: Clients pay from point to point. Date to date. If payment is missed we will notify you of this. If no response within 3 days from the client the web site will be suspended. If contact is not made with us within 3 more days the site will be terminated.

30 day guarantee Policy: Rescue Hosting will provide a refund on all yearly accounts that are canceled within 30 days. This is as long as the cancellation is done within the 30 days in written notice via our support ticket system, and that no more than half of the bandwidth of the package purchased has been used. This policy is in effect to protect ourselves from bandwidth bandits. ** Specials andhosting accounts under $15 Per Year Excluded. Refund policy does not effect these.

Content: Hosting Specials - New Clients Only: Rescue Hosting occasionally will have hosting specials. Specials are for hosting on new domains or accounts only. New domains can be ordered on the account at special rates. Clients will not get the special rate if hosting is canceled within 30 days after ordering a new account under the special. - new clients and domains can be just domain only or reseller type account

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. Rescue Hosting 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 account or other actions as detailed below without notice, based upon the nature of the violation.

Content: Hosting services provided by Rescue Hosting may be used for lawful purposes only. The use of our services to transmit or store any material that is in violation of the law is strictly forbidden. Material that is not allowed on our server's includes, but is not limited to:

Bulk e-mail related software/products/information.

Any material which you do not own or have permission from the copyright owner to use.

Any material related to hacking.

Warez type material

Rescue Hosting reserves the right to deactivate and remove any web site from its servers which contains material that at Rescue Hosting sole discretion is deemed to be unacceptable, undesirable or may damage the reputation of Rescue Hosting

Adult Content:

Adult content is NOT allowed on any of the Rescue Hosting plans.

Obscene Materials: Using Rescue Hosting to advertise, transmit, store, post, display, or otherwise make available child pornography. In addition, Rescue Hosting is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Rescue Hosting.

Harm to minors: Use of the Rescue Hosting service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography will be terminated and client referred to the proper authorities

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.

Email:

Forging of Headers: Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message is prohibited.

Unsolicited commercial e-mail / unsolicited bulk e-mail (SPAM) Use of the Rescue Hosting 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 account

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 account.

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

Monitoring Email, Rescue Hosting does occasionally check email Q's and the transmition of emails to avoid SPAM and potentially harmful activity on its servers. Responsibility for avoiding the harmful activities just described rests primarily with the client. However occasionally Rescue Hosting will monitor communications of its clients to ensure that they comply with Rescue Hosting policy or applicable law. Rescue Hosting may take any action to stop the harmful activity. This includes, but is not limited to, removing information, shutting down a website, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.

Usenet Spamming: Rescue Hosting 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.

Reselling Space

Virtual Hosting customers may not resell or give away control of any part of their Rescue Hosting account. Including but not limited to, web space, system resources, e-mail and ftp accounts. Unless they have permission from Rescue Hosting to do so.

Data Backup - Loss:

Rescue Hosting currently has a back up generated each week on Sunday - and at no other time. We do not guarantee clients web sites and customer data. Backing up your web site, and data is your responsibility and yours alone. If Data loss occurs it is unfortunate and cannot be avoided. Rescue Hosting will never intentionally destroy, or loose data unless it is in an extreme situation. Any customer that is found slandering, or trying to point fault at data loss other than at themselves for Data Loss and lack of back up on their end can and will have their site suspended or terminated. Slander of any kind due to clients in ability to back up their own data will not be tolerated.

FTP swapping: we do not add ftp into your bandwidth there for we have to limit your ftp use to uploading to your domain and downloading for the sake of backing up your domain. File swapping is defined as moving files (usually large)and having others download it through ftp. If you want to move large files through your account the downloading process needs to happen through your http access so it is included in your bandwidth. In most case you can let us know about moving files nothing will happen from it

Server Abuse Illegal or Unauthorized Access to Other Computers or Networks: Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking") is prohibited. Any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity) is likewise prohibited.

Attempting to cause harm to a Rescue Hosting server, or any other server on the internet using an account on Rescue Hosting will result in immediate removal of that account. Rescue Hosting will decide on a case by case basis if a refund is to be given on violation of these terms and conditions.

Warranty/Limitation of Liability:

Customer hereby agrees that Rescue Hosting makes no warranties, express or implied and Customer hereby waives any claim based upon any breach thereof. Customer further agrees that Rescue Hosting shall not be liable for any consequential, indirect or punitive damages arising out of any breach, delay or default in performance of this Agreement, and in any event, the amount of damages due from Rescue Hosting to Customer shall never exceed, and shall be limited to, a credit allowance of all payments made to date of claim, but not to exceed one (1) months' service fee at current rates. Rescue Hosting's liability arising out of mistakes, accidents, omissions, interruptions, delays, or defect in transmission, including those which may be caused by regulatory or judicial authorities, shall in no event exceed the amount of the credit allowance, if any, available under this Section. Without limiting the foregoing, Splash Host shall have no obligation to provide alternative routing with respect to any Service provided pursuant to this Agreement. IN NO EVENT SHALL Rescue Hosting BE LIABLE TO CUSTOMER OR ANY OTHER PERSON, FIRM OR ENTITY IN ANY RESPECT, INCLUDING, WITHOUT LIMITATION, FOR ANY DAMAGES, EITHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, ACTUAL, PUNITIVE, OR FOR ANY OTHER DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF MISTAKES, NEGLIGENCE, ACCIDENTS, ERRORS, OMISSIONS, INTERRUPTIONS OR DEFECT IN TRANSMISSION, OR DELAYS, INCLUDING, BUT NOT LIMITED TO, THOSE WHICH MAY BE CAUSED BY REGULATORY OR JUDICIAL AUTHORITIES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE OBLIGATIONS OF Rescue Hosting PURSUANT TO THIS AGREEMENT. Rescue Web Hosting MAKES NO WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE FOR THE SERVICE OR LOCAL ACCESS, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY SPLASH HOST ARE HEREBY EXCLUDED AND DISCLAIMED. INDEMNITY BY CUSTOMER: CUSTOMER AGREES TO RELEASE, HOLD HARMLESS, DEFEND AND INDEMNFIY Rescue Hosting, ITS SUBSIDIARIES, EMPLOYEES AND AGENTS FROM ANY CLAIMS, DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, OR ANY OTHER LIABILITY ARISING FROM CUSTOMER'S USE OF SPLASH HOST'S SERVICES AND FACILITIES PROVIDED TO CUSTOMER UNDER THIS AGREEMENT, EVEN IF Rescue Hosting HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, INCLUDING PAYMENT OF Rescue Hosting REASONABLE ATTORNEY'S FEES.