Acceptable Use Policy
(AUP) Adopted October 22, 2002
|
SPAM
WARNING |
| RCB Enterprise Hosting
reserves the right to automatically charge customers at the
rate of $250 an hour for any time spent processing
complaints generated by a customer participating in SPAM
activities or any other service abuse. As an WHP, we
do not tolerate SPAM. Any site found to generate SPAM
will be immediately deactivated, and the customer charged
for any time spent by RCB Enterprise Hosting responding to third party
complaints. |
Acceptable Use Policies and
Guidelines
RCB Enterprise Hosting
reserves the right to change this Policy any time, so please, check this
page frequently or when in doubt.
RCB Enterprise
Hosting's Policies, Guidelines, and Disclaimer
are intended for all domains residing on RCB Enterprise Hosting servers, including
regular hosting clients, resellers, and their clients. By
using our web hosting services, you agree to comply with our policies. RCB Enterprise
Hosting has a zero-tolerance policy
with regard to all Unacceptable Content and Behavior and no
exceptions will be made to these policies.
RCB Enterprise Hosting
strives to provide the best possible service to all our customers, and
therefore, we will not tolerate any unlawful activity or abuse on our
servers. We respect freedom of speech and expression unless it is
harmful to others. These policies are imposed to protect you, other RCB Enterprise
Hosting customers and us against such harm.
Age.
The client must be 18 years of age to obtain our services. If you
are under the age of 18, you must have a parent or legal guardian obtain
services for you.
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Payment Policies:
Payment in full is
required before any hosting service is rendered, which includes
renewals. We accept Visa, MasterCard, Discover and Checks , money orders. If paying by credit card, the card that you use
to activate your account will be automatically charged each month,
unless you have chosen to pay for multiple months. If paying by check,
you must prepay on a quarterly, semi annual or annual basis. RCB Enterprise
Hosting reserves the right to change prices at any
time, unless other terms have been agreed upon. Prepayment is due each
anniversary (monthly, quarterly, semiannual or annual) following the
date the account was established. Billing will continue until you cancel
your hosting account.
Your account will not be processed until your payment has been
received. Any returned checks for any reason will be subject to a $35.00
returned check fee.
All invoices will be sent by electronic
mail. No bills or invoices will be sent by postal mail or fax. Past due
accounts are given a 48 hour grace period, after which a $10.00
late fee will be applied to the account. Any account not brought current
within five (5 days) is subject to suspension unless prior
arrangements have been made. The customer is responsible for all money
owed on the account from the time it was established to the time that
the customer notifies RCB Enterprise Hosting in writing for a request for
termination of services. Reactivation of a suspended account incurs a
reactivation fee of $15.00. If you are suspended more than twice, you
will be required to pay semiannually before your site is reinstated.
All past due accounts will be
placed with collections and any additional fees will be the
responsibility of the client and may be reported to the appropriate
credit reporting agencies if left uncollected.
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30 day Money Back Guarantee:
We are pleased to offer *30 Day Money Back Guarantee for all hosting
plans. Should we fail to provide satisfactory service, RCB Enterprise Hosting will
refund your first month's hosting fees according to our refund policy. *A
$15.00 processing fee will be charged to all accounts cancelled during
the first 30 days of service.
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Refund Policy:
We issue refunds for full months
unused, should you want to cancel prepaid service. If you decide to
cancel after prepayment, you will not receive a refund for the current
month in use (We do not give partial months refunds). Our refund policy
does not apply to any additional items or services not included in our
hosting plans, such as name servers, extra bandwidth, additional
features, etc. Any domain name registration,
overage fees or policy violations are non refundable. Some restrictions
may apply to season specials. If you cancel your account within the
first 30 days of service, a $5.00 processing fee will be charged to your
account and is non refundable.
To obtain a refund, you must contact
our billing department
within 30 days of the cancellation request date and request a refund.
No refunds are available after 30 days. If
paid via credit card, refunds will be credited back to the account
holder's card within 30 days of receipt of cancellation. If paid
by check, refunds will be made by company check within 30 days of
receipt of cancellation. Any accounts terminated by RCB Enterprise Hosting for
violation of our policies do not qualify for the 30-day
money back guarantee.
*Transfer Special Refund Policy: If an account is signed up under the
Transfer Special and the hosting account is cancelled within one year of
the original order date, the account holder will be charged for the free
month's hosting fees. If payment is not received, the account will be
turned over to collections.
*Fall Special Refund Policy:
Fall Special: All new yearly pre-paid accounts will receive 2
months free hosting.
Refund Policy: To redeem the 2 months free hosting, the account
must remain in effect for the full billing period of one year. Any
hosting account cancelled prior to the next yearly billing period is
deemed invalid and the 2 free months of services will be forfeited.
Any cancellation request
must be made according to our cancellation guidelines below.
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Cancellation Policy:
Client Cancellation: Due
to security concerns, ALL account cancellations MUST
be done via our cancellation form in our
Members Center, and must be received at least five (7) business days
prior to your billing date. Phone requests will not constitute
acceptance of any cancellation. *A $15.00 processing fee will
be charged to all accounts cancelled during the first 30 days of
service.
Upon receipt of proper
cancellation notification, RCB Enterprise Hosting will cancel said account within
(3) business days unless other arrangements are made and all credit card
charges or billing will cease immediately.
If the account has a balance due at the
time of cancellation, this balance must be paid in full. Cancellation
does not absolve the account holder of any outstanding financial
obligations.
RCB Enterprise Hosting's services are independent
of account usage and domain name records, and are still in effect
whether the account holder's domain is pointing to RCB Enterprise Hosting's
nameserver or to some other nameserver. If the account holder transfers
a domain without properly notifying RCB Enterprise Hosting, they will continue to
be charged/billed until the cancellation guidelines have been followed. In
other words, until you have notified RCB Enterprise Hosting of your cancellation,
we are still providing your account with our services and you will be
billed for same.
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Chargebacks:
If you have a question about charges
made to your account, please contact us immediately. If the charges were
made in error, we will immediately credit your account or credit card
account for the appropriate amount.
If you dispute the credit card charge
that we charge for our services, we reserve the right to suspend your
account as soon as we are informed of it. Undeserved chargebacks for
services received are considered theft and it hurts businesses and
raises prices for consumers.
Please do not request chargebacks until
you have spoken with our billing department. There is a $60.00 fee
for chargebacks. Any chargeback fees, past due fees and costs will
be sent to collections. If our collection efforts fail, unpaid debts
WILL be reported to all available credit reporting agencies.
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Email Policy:
RCB Enterprise Hosting may not be the source,
intermediary, or destination address involved in the transmission of any
unsolicited email, email bombs, hate email, or any mass email. Your
email account may not be referenced as originator, intermediary, or
reply-to address of such email. We consider mass email any email message
sent to more than 30 email addresses or more than 10 news groups. Client
is responsible for keeping email storage on hosting account below 10 MB.
This is normal for most accounts since email is typically downloaded
from the server on a regular basis using an email client such as
Outlook, Outlook Express or Eudora.
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Spam Policy:
RCB Enterprise Hosting is committed to a zero-tolerance,
anti-Spamming policy. Under this policy, we prohibit Spam, or any
unsolicited commercial email, from being sent either: Over the RCB Enterprise
Hosting network, by customers or any other users of the RCB Enterprise Hosting
network (including customers' customers); AND/OR over ANY network— if
the message sent advertises or mentions a site hosted on the RCB Enterprise
Hosting server.
We react quickly and seriously to
violations, and we further reserve the right to terminate the services,
without prior notice, of any customer disregarding this policy. Sending
unsolicited commercial email (a.k.a. "spam"), cross-posting
messages to a large number of usenet groups, posting obscene or
threatening messages while using or referring to an RCB Enterprise Hosting email
address or web site URL is prohibited. The use of RCB Enterprise Hosting servers
as a mail drop for responses to activities described above is also
prohibited. Accounts canceled due to spam will be billed a
"clean up" fee of $600.
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Content and Use of Services:
RCB Enterprise
Hosting's services
may be used for lawful purposes only. Transmission, distribution or
storage of any material in violation of any applicable laws or
regulations are prohibited. Linking to illegal material is also
prohibited.
Examples of illegality, unacceptable
content, links and behaviors include but are not limited to:
- Pirated software,
pirating (distributing copyrighted material in violation of
copyright law, specifically MP3s, MPEG's, ROMs, and ROM emulators)
-
Hacker programs or
archives
- Warez sites
- Pornography and
sex-related merchandising; trafficking in obscene material; sending
a message or having content that is obscene, lewd, lascivious,
filthy, or indecent with intent to annoy, abuse, threaten, or harass
another person
- Schemes to defraud
- Threatening bodily
harm or damage to individuals or groups
- Violating U.S. export
restrictions
- Stalking
- Spamming - (sending
unsolicited advertising to those with which the customer has no
existing business relationship, posting off-topic advertising in
newsgroups)
- Spoofing (using a
return email address which is not the valid reply address of the
sender or sending an email message which does not contain enough
information to enable the recipient to identify the party who is
really sending the message
- Trolling (posting
controversial messages in newsgroups to generate responses)
- Mailbombing
(inundating a user with email without any serious intent to
correspond)
- Subscribing someone
else to an electronic mailing list without that person's permission
- Distribution of mass
emailing programs
- Server broadcast
messages or any message sent on an intrusive basis to any directly
or indirectly attached network
- Attempt to circumvent
any user authentication or security of host, network, or account
- Accessing data not
intended for user
- Probing the security
of any network
- Promulgation of
viruses
- IRC bots such as
eggdrop or BitchX
- Or violating
other state or federal laws, including the Electronic Communications
Privacy Act, the Computer Fraud and Abuse Act, or the Economic
Espionage Act.
- Any Threats against
the United States, or any other Foreign Governments. if this
happens, you will be reported to the Government of the respective
country. all information will also be released to that government.
In addition, we do not allow any of the
following without prior written permission from RCB Enterprise Hosting:
Chat Rooms - We will allow certain types
of chat rooms but you must obtain written authorization
from us prior to installing or running any chat rooms Running programs
in the background on our servers without prior written authorization.
Internet Relay Chat - IRC bots - We do not allow IRC or IRC bots to be
operated on our servers.
RCB Enterprise Hosting does not host sites of its
competitors or web pages promoting sites of its competitors. Any
violation of these policies may result in immediate account termination
or suspension without prior notification and without any refunds. Any
client who violates our policies will be held responsible for any and
all damages to RCB Enterprise Hosting and may be charged a fee for any necessary
repairs or clean ups.
RCB Enterprise Hosting will be the sole arbiter
as to what constitutes a violation of this provision.
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Subhosting:
Subhosting (hosting more than one web
site with a single RCB Enterprise Hosting user account) is generally not allowed
on RCB Enterprise Hosting servers. It is subject to RCB Enterprise Hosting approval on case
by case basis. We do, however, allow sub-domain accounts. For more
information, please refer to our features.
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Traffic/Bandwidth/Data Transfer
RCB Enterprise Hosting allows for very
generous traffic, and most sites never exceed 2 G per month, unless they
offer shareware, sound, video, image and multimedia archives, are mirror
sites or any site whose primary purpose is file distribution. RCB Enterprise
Hosting customers are discouraged from storing any files that cause
excessive traffic on RCB Enterprise Hosting servers. Please contact RCB Enterprise
Hosting
Technical Support team for more information. Again, 99% of the sites do not fall into this
category and never reach our traffic limits.
You will be charged for all transfer
that you use beyond our generous data transfer limits without prior
notification. You can monitor your transfer at anytime in your Control
Panel, and you can have us notify you when you are nearing your limit by
going to Account Management in your Control Panel and setting up
notification. or emailing us, and asking for more bandwidth.
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Backups:
Full backups are made weekly, and
backups of new/changed data made nightly. No guarantees are made of any
kind, either expressed or implied, as to the integrity of these backups.
Backups are made for server restoration purposes only. It is the
clients' responsibility to maintain local copies of their web content
any information. The "Archive Manager" is included in each
hosting plan and client can use this tool to back up their files. If
loss of data occurs due to an error of RCB Enterprise Hosting, we will attempt to
recover the date for no charge to the client. If data loss occurs due to
negligence of client in securing their account or by an action of the
client, RCB Enterprise Hosting will attempt to recover the data from the most
recent archive for a $75.00 fee.
If loss of data occurs
due to an error of RCB Enterprise Hosting, RCB Enterprise Hosting will attempt to recover
the data at no charge to the client. If data loss occurs due to
negligence of client in securing their account or by an action of the
client,
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Account Ownership:
RCB Enterprise Hosting is only responsible to the
present owner of the Web hosting space. We verify ownership by credit
card number (if paid for by credit card), name, address, email address,
username, & password. If you give this information to any other
party or give access to your email address on your account to another
party, you risk having your Web site and any other information on your
account changed and/or deleted. We are not responsible for any
information on your account should you reveal this information to
another party who causes damage to your account and/or Web site.
If you are a Web designer and you are
not the person paying for the hosting account we advise you to receive
payment for your work before you publish it to our servers. Once the Web
site is published to our servers the account owner has retained
ownership of that content.
accounts
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Privacy:
We use your IP address to help diagnose
problems with our server, and to administer our Web site.
Our site uses an order form for
customers to request information, products, and services. We collect
visitor's contact information (like their email address) and financial
information (like their account or credit card numbers). Contact
information from the order form is used to generate accounts. The
customer's contact information is also used to get in touch with the
customer when necessary. Financial information that is collected is used
to bill the user for products and services.
Registration: In order to register for
our service(s), the user is required to supply his / her Full Name,
Company Name, Full Address, Phone Number, E-mail address, username, and
domain name. To register for Web Hosting, the user must also supply a
username, password and domain name. To use the Search Engine submission
tool, the user must supply their domain name / URL.
Sharing of Information: RCB Enterprise Hosting
uses the above-described information to contact our clients in regards
to changes in our services. Information that is collected is not shared
with or sold to any third party, with the following exceptions:
Domain Registration - In order for RCB Enterprise
Hosting to register / modify domain names, the above information is
submitted to ICCAN-accredited domain registrars. RCB Enterprise Hosting is not
responsible for the privacy practices of those websites described above
to whom which we must provide information.
This site does contain a small number
of links to other sites. RCB Enterprise Hosting is not responsible for the privacy
practices or the content of such Web sites.
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Limitation of
Liability:
RCB Enterprise Hosting shall not be responsible for any claimed damages, including
incidental and consequential damages, which may arise from RCB Enterprise
Hosting's servers going off-line or being unavailable for any reason
whatsoever. Further, RCB Enterprise Hosting 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 RCB Enterprise
Hosting’s servers. All damages shall be limited to the immediate
termination of service.
- RCB Enterprise
Hosting
shall be the sole arbiter of what is and is not a violation of these
acceptable use policies.
- RCB Enterprise
Hosting reserves
the right to terminate an account at any time and for any reason
that causes harm to any RCB Enterprise Hosting customer's web sites.
RCB Enterprise Hosting reserves the right to delete all content and files upon
termination.
- RCB Enterprise
Hosting reserves
the right to withhold any prepaid funds for any site removed for
violations of these policies.
- RCB Enterprise
Hosting reserves
the right to refuse, cancel, or suspend service at our sole
discretion.
- RCB Enterprise
Hosting reserves
the right to change these Policies without prior notice or warning.
Non-enforcement of any part of these Policies does not constitute
consent.
- RCB Enterprise
Hosting (A
Division of RCB Enterprises) exercises no control whatsoever over the
content of the information contained on the servers or passing
through its systems. RCB Enterprise Hosting makes no warranties of any kind,
whether expressed or implied, for the service it is providing. RCB Enterprise
Hosting also disclaims any warranty of merchantability or fitness
for a particular purpose.
- RCB Enterprise
Hosting
will not be responsible for any direct, indirect, or consequential
damages which may result from the use of this service by its
customers or any other related or unrelated third parties. This
includes loss of data resulting from delays, non-deliveries,
mis-deliveries, or service interruptions caused by its own
negligence or your errors or omissions. RCB Enterprise Hosting
specifically denies any responsibility for the accuracy or quality
of information obtained through its services.
