Hosting TOU
By using any service provided by Rogem Networks, Client indicates acceptance of this document in its entirety. Rogem Networks reserves the right to revise and update this document from time to time. Client is responsible for staying informed and aware of revisions and updates and for abiding by the terms of this document at all times.
Definitions
Term – How long the payment cycle is, this could be Monthly, Quarterly, Bi Annually and Annually.
TOU – Terms of Use.
Downtime – When the server is switched off or has crashed.
Uptime – When the server is running smoothly.
Acceptable Use Policy
1. Services provided by Rogem Networks may only be used for lawful purposes. Client shall bear the burden of establishing that such use complies with all applicable laws. Client is responsible for all use of Client's account, whether or not said use occurs with the knowledge or consent of Client.
2. Rogem Networks reserves the right to suspend or terminate any service at its sole discretion, for any reason, with or without notice to Client. Possible reasons for termination include, but are not limited to, any Client who:
3. Violates the rules, regulations, or policies applicable to any network, server, computer database, website, or newsgroup that Client or end-user accesses;
4. Sends or facilitates the sending of unsolicited bulk email messages ("spam"), commercial or otherwise in nature, to any person or system, or uses a Rogem Networks website address or hosted web or email account to collect responses from unsolicited bulk email;
5. Hosts or provides services for websites advertised via unsolicited bulk email messages.
6. Uses services in a manner which is intended to abuse or violate the property rights of others, including, without limitation, activities which result in the distribution of viruses, worms, time bombs, Trojan horses, or other destructive activities;
7. Uses services in a manner that infringes on the intellectual property rights of any third party or any rights of publicity or privacy;
8. Violates any law, statute, ordinance, or regulation (including, without limitation, the laws and regulations governing criminal activity, export control, unfair competition, anti-discrimination or false advertising);
9. Publishes or communicates material that is obscene, defamatory, trade libellous, unlawfully threatening or unlawfully harassing;
10. Uses services to break or attempt to break security of any computer network, or to gain access to an account without authorization;
11. Forges, removes, or modifies identifying network header information ("spoofing"), or employs any other methods in connection with the transmission of email used to disguise or misrepresent the source or quantity of transmissions, except when using deliberately misleading headers in newsgroups to avoid spam email address collectors;
12. Uses services and/or programs to conduct any activities which Rogem Networks determines are injurious to its Clients, operations, or reputation;
13. Provides false information to Rogem Networks on an order form, contract or online application, including, but not limited to, fraudulent payment information;
14. Causes any disruption of another Client's services including, but not limited to; abuse of any services provided by Rogem Networks (i.e. MySQL), running CPU/Disk/Memory intensive scripts.
15. Running scripts which provide proxy services including, but not limited to CGIProxys, CGIIRC’s. Customers should also be aware that connecting to external IRC servers and/or networks.
16. Client must immediately notify Rogem Networks of any unauthorized use of an account, and/or any breach or attempted breach of security known to Client. Client is solely responsible for ensuring that its websites are configured in a secure manner. Client may not, through action or inaction, allow others to use its resources for illegal or inappropriate activities.
17. Rogem Networks takes no responsibility for the security and/or content, accuracy, description, development of Client's websites (including e-commerce sites) or any third-party software.
18. Rogem Networks does not (and does not hereby assume any responsibility to) review or edit materials which Client or Client's end users publish or post on Rogem Networks’ facilities or the Internet, and is not responsible for such content, posting, or activity. Rogem Networks is not responsible for the contents of any other websites linked to Rogem Networks’ or Client's services.
19. Rogem Networks cooperates fully with federal and state law enforcement officials. Rogem Networks respects Client privacy rights and will not intentionally disclose Client's online communications, activities, or personal information, except to comply with court orders, subpoenas, statutes, regulations, or legal governmental requests; in order to protect Rogem Networks or its Clients from harm; or where necessary for the operation of the system.
20. Rogem Networks may, in its sole discretion, remove or disable Client materials or terminate services to Client with or without notice to Client, if Client's materials, postings, or links allegedly infringe trademark, copyright, or other intellectual property rights of third parties. Client acknowledges that services will be terminated immediately in the event that permission/license to use a trademark or service mark as granted by a third party (e.g. franchisor) is revoked. Rogem Networks is not responsible for determining whether the allegations or infringement are valid. In addition, Rogem Networks may terminate services to Client if Client violates this provision.
21. Clients who are service providers must follow the policies outlined above, or stricter policies, with regard to the use of services by end users.
22. Rogem Networks, in its sole discretion, will determine on a case by case basis what action will be taken in response to a violation of this Acceptable Use Policy ("AUP"). Rogem Networks reserves the right to investigate suspected or alleged violations of this AUP, including gathering information from Client, its end users, the complaining party, and examination of material on Rogem Networks servers or network. Nothing contained in this policy shall be construed to limit Rogem Networks actions or remedies in any manner. Rogem Networks reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including, without limitation, taking action to recover the costs and expenses of identifying offenders and removing them from the Rogem Networks service and levying cancellation charges to cover Rogem Networks costs in the event of termination for the causes outlined above. Rogem Networks reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.
23. Rogem Networks shall not be liable for damages of any nature suffered by Client or any third party resulting in whole or in part from Rogem Networks exercise of its rights under these policies. By using Rogem Networks services, Client agrees to waive and hold harmless Rogem Networks from any claims relating to any action taken by Rogem Networks, including conducting an investigation, issuing a warning, refusing to post material, removing material, or suspending or terminating services, or other appropriate action. This waiver applies to, but is not limited to, all violations described in this AUP.
24. Violations of this policy may be reported by email to abuse@rogem.net
Billing Practices
1. Client is billed when orders are placed. Recurring billing will take place on approximately the same day each term, depending on when Client's original order is placed.
2. New Clients are billed for one full term, beginning on the date the order is placed.
3. All services are provided on a term to term basis. 7 days notice is requested (but not required) for all cancellations.
4. All taxes, fees, and governmental charges on the monthly payment amount shall be paid by Client and are Client's sole responsibility.
5. Accounts are suspended 72 hours after notice of non-payment is sent to Client, if payment is not provided. Suspended accounts maybe assessed a £50 administration fee to reconnect.
6. Suspended accounts will be terminated after five days of non-payment following the initial suspension.
7. Rogem Networks reserves the right to change prices or package descriptions upon 7 days prior notice.
8. In the event that Client data is not removed from Rogem Networks servers within 14 days of the effective expiration or cancellation date of any service, and/or if the balance for the account is not paid in full, the data shall be deemed abandoned and will be deleted.
9. Customers who wish to resell services provided to them by Rogem Networks must purchase a reseller account.
Limitation of Liability
1. No warranty is expressed or implied by Rogem Networks for any Service or Product in any way. Rogem Networks is not liable for any errors or interruptions in service, whether within or outside of Rogem Networks reasonable control. Service may be temporarily unavailable for scheduled maintenance, either by Rogem Networks or by third-party providers, or because of other causes.
2. Client is expected to be familiar with and to practice good Internet etiquette (Netiquette). Client should not post, transmit, or permit Internet access to information Client desires to keep confidential. Client is not permitted to post any material that is illegal, libellous, tortuous, or likely to result in retaliation against Rogem Networks or its customers by offended parties.
3. Rogem Networks will not be responsible for any damages Client suffers, including, but not limited to, loss of data, delays, non-deliveries or mis-deliveries of email, or service interruptions caused by Rogem Networks’ own or Client's negligence, errors, or omissions.
4. Client shall indemnify and hold harmless Rogem Networks (inclusive of their respective offices, contractors, employees, and agents) from and against any and all claims, costs, expenses or liability rising out of Client's (inclusive of Client's officers, contractors, employees, agents, and invitees) collective or individual use, occupancy or operation of Rogem Networks’ services.
Downtime Compensation
1. Downtime compensation shall be offered at Rogem Networks sole discretion, for any reason.
2. Rogem Networks reserves the rights to refuse to give Downtime Compensation.
3. The amount of Downtime Compensation a single account receives is determined by Rogem Networks and once a payment amount has been decided can’t be changed.
4. Rogem Networks reserves the right to dishonour Downtime Compensation for what ever reason at its sole discretion.
5. If you are sent and accept compensation for any pending claim, you hereby abandon any current or future claims against Rogem Networks based on the terms disclosed in the Rogem Networks TOU.
Coupons
1. Coupons shall be only supplied by Rogem Networks and any attempt to use/obtain coupons from other mediums automatically makes that voucher invalid and Rogem Networks reserves the right to not honour these coupons.
2. Rogem Networks reserves the right to dishonour any coupon at Rogem Networks sole discretion, for any reason.
3. Coupons values can go down as well as up.
Support
1. Rogem Networks reserves the rights to refuse to give support for a client or user.
2. Support is only valid if support is given via the support forums, the support desk or via a @rogem.net email address. Another other form of support should be and will be considered invalid and in no way represents Rogem Networks.
3. Any abuse of support (By but not limited too spamming, rudeness and faking details), Will be considered an offence in which your account and/or IP could be banned / terminated.
4. Client must follow all instruction and/or orders otherwise you are abusing the support on Rogem Networks. If a client fails to follow instructions they are hereby saying they never requested support and they caused the problem.
Claims and Disputes
1. If you make a claim or dispute you herby say you will pay in advanced for all (But not limited too) of Rogem Networks travelling fees, legal fees and accommodation fees.
2. Claims and Disputes must be made in a polite way, use of cussing (Swearing) by the person making the claim or dispute will make your claim or dispute invalid.
Reselling
1. Reselling a product other then that of a product of Rogem Networks without previous written permission by Rogem Networks states your account as illegal. An example of products that require written permission of Rogem Networks before putting them onto your website are but not limited too Amazon related goods, eBay related goods and Cafe press related goods.
2. A client must not have a website for the sole purpose of selling products other then that of Rogem Networks.
Privacy Policy
1. Coupons shall be only supplied by Rogem Networks. Rogem Networks may collect personally identifiable information from Users in a variety of ways, including through online forms for ordering products and services, and other instances where Users are invited to volunteer such information. Rogem Networks may also collect information about how Users use our Web site, for example, by tracking the number of unique views received by the pages of the Web site or the domains from which Users originate. We may use "cookies" to track how Users use our Web site.
2. A cookie is a piece of software that a Web server can store on the Users’ PC and use to identify the User should they visit the Web site again. While not all of the information that we collect from Users is personally identifiable, it may be associated with personally identifiable information that Users provide us through our Web site.
3. Rogem Networks may use personally identifiable information collected through our Web site to contact Users regarding products and services offered by Rogem Networks and its trusted affiliates, independent contractors and business partners, and otherwise to enhance Users' experience with Rogem Networks and such affiliates, independent contractors and business partners. Rogem Networks may also use information collected through our Web site for research regarding the effectiveness of the Web site and the marketing, advertising and sales efforts of Rogem Networks, its trusted affiliates, independent contractors and business partners. At no time will Rogem Network’s database of users ever be sold to any entity for the purpose of marketing or mailing lists.
4. Rogem Networks may disclose information collected from Users to trusted affiliates, independent contractors and business partners who will use the information for the purposes outlined above. We may also disclose aggregate, anonymous data based on information collected from Users to investors and potential partners. Finally, we may transfer information collected from Users in connection with a sale with Rogem Networks.
5. Information about Users that is maintained on our systems is protected using industry standard security measures. However, we cannot guarantee that the information submitted to, maintained on, or transmitted from our systems will be completely secure.
6. Rogem Networks reserves the right to use information gathered/given for what ever use Rogem Networks sees needed. Rogem Networks may use the information to contact a third party for what ever purpose we wish.
Miscellaneous
1. Client understands that the Internet is an inherently insecure communications medium and no expectation of privacy is afforded.
2. Unless otherwise arranged, the initial term of this Agreement shall be one term, commencing the later of the Requested Service Date or the date on which Rogem Networks notifies Client that the Service is ready for use ("Service Commencement Date"). At the expiration of the initial term, this Agreement shall continue in effect with respect to the service on a month to month basis until cancelled by either party with written notice.
3. Rogem Networks reserves the right to amend, alter, or modify this document at any time in its sole and absolute discretion. Any amendment or modification is effective when posted and any use of Rogem Networks services after the posting of a modification or amendment will be considered acceptance of said modifications.
4. Rogem Networks offers not uptime guarantee and claims no responsibility over any downtime. Uptime for Rogem Networks is monitored by a 3rd party that can be accessed at (http://www.siteuptime.com/statistics.php?Id=28866&UserId=28874. Rogem Networks reserves the right to reset the uptime shown when we see fit.
5. Client acknowledges understanding that the Internet is a worldwide community of networks and systems interconnected via a common transport mechanism. Furthermore, each network and system therein may have its own specific terms of policy which are made up of laws, directives, rules, regulations, agreements, arrangements and policies for its use. It is up to the Client to research and abide by these terms before accessing, utilizing, or attempting to access or utilize networks or systems which are not owned by Client. Violation of any term of policy from any network or system through the service Rogem Networks provides is grounds for immediate termination, without warning, of that service. No refund of any type will be issued for any account terminated for violation.
6. Client agrees that the security of all services is solely Client's responsibility. Client further agrees that if security has been compromised in any way, Client will notify Rogem Networks immediately in writing. Client shall be held fully responsible for any misuse or compromise of Client's services for which Rogem Networks is not properly notified. Client agrees that if any security violations are believed to have occurred, Rogem Networks has the right to suspend access to the server(s) pending an investigation and resolution.
7. Client agrees that all their web sites must be in English or be accompanied by an English translation, so Rogem Networks can check the contents of a site if deemed necessary, any sites not carrying an English translation will be suspended.
8. Any client who resells services provided by Rogem Networks must ensure their clients abide by our TOU or be suspended, if the reseller removes the suspension before contacting Rogem Networks, he or she maybe be subject to a global suspension.
9. Any client who purchases a dedicated server from Rogem Networks, is subject to the TOU of the data centre they are hosted in. You should contact Rogem Networks for a copy of the data centre’s policies
This TOU was last updated on 24th September 2007.
