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Our Companies RiCH COMPUTER SERVICES / Terms of Service & Acceptable Use Policy
Network Availability
Network Security Customers may not use the RiCHCS Network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the Customer, logging into a Server or Account the Customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's Security Policy. Customers may not attempt to interfere or deny service to any User, Host or Network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a Host or Network. RiCHCS will cooperate fully with investigations of violations of Systems or Network Security at other sites, including cooperating with Law Enforcement Authorities in the investigation of suspected criminal violations. RiCHCS will not issue any refunds to a customer if a site or service is removed due to a violation of this agreement. Additionally, depending on the violation, the customer may be responsible for additional civil or criminal charges. CGI Scripts Each RiCHCS Account comes fully equipped with its own pre-configured CGI-Bin. Customers are free to use any CGI-Scripts provided with their account or add any additional ones they require. Any CGI-Scripts deemed to be adversely affecting the Server performance or the Network integrity may be shut down without prior notice. CGI-Script sharing with Domains not hosted by RiCHCS is not allowed. Chat Rooms RiCHCS prohibits its Customers from installing outside chat rooms on their Domain, as these tend to be a resource problem. Server Resources Any Web Site that uses a high amount of Server resources (such as, but not limited to CPU Time, Memory Usage, and Network Resources) will be given an option of either upgrading their service level or reducing the resource used to an acceptable level. This provision does not apply to IRC RiCHCS currently prohibits its Customers from operating IRC or IRC Bots on any of the Servers in the RiCHCS Network. Commercial Advertising/ Mass Mailings You must not use the RiCHCS Network, RiCHCS Equipment or any RiCHCS eMail Address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your Domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the RiCHCS Network, RiCHCS Equipment or any RiCHCS eMail Address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages. If you are found to have spammed, without warning, RiCHCS reserves the right to disable your Domain. In addition, RiCHCS may impose a $100 penalty for each spam policy violation. RiCHCS solely reserves the right to refuse or cancel service to known spammers. Lastly, RiCHCS reserves the right to determine what violates this policy. As such, any violation may result in cancellation of Services without refund. Distribution and/or Transmission of Obscene, Indecent Speech or Materials Violation of Indecency and Obscenity Laws can result in Criminal Penalties. Server Security and Maintenance RiCHCS is responsible for the security and maintenance of all RiCHCS shared hosting servers. VPS and Dedicated Server customers must refer to their management package description to find out the level of management/security/maintenance that the RiCH Company will perform on a VPS or Dedicated Server. Note that, depending on the level of management being paid for, RiCHCS may charge up to 65 per hour for security and maintenance work for VPS or dedicated server clients. Intellectual Property Rights Material accessible to you through RiCHCS's Services may be subject to protection under the United States or other Copyright Laws, or laws protecting Trademarks, Trade Secrets or Proprietary information. Except when expressly permitted by the owner of such rights, you must not use the RiCHCS Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the RiCHCS Network. If you use a domain name in connection with the RiCHCS Service or similar service, you must not use that Domain Name in violation of any Trademark, Service Mark, or similar rights of any third party. Defamation Defamatory speech distributed over the Internet can result in Civil Lliability for the defamer. Refusal of Service RiCHCS reserves the right at its sole discretion to refuse or cancel service. Violation of any of RiCHCS's Rules and Regulations could result in a Warning, Suspension, or possible Account Termination. Accounts terminated due to policy violations will not be refunded. Service Cancellation To authenticate a cancellation request, you must e-mail cancel@therichco.com from the e-mail address that you originally registered with at least 10 days before the end of your billing period. If this is not possible, you may fax the notice to 888-348-6182 or mail the cancellation notice to RiCHCS, 3238 S. 92nd Street, Milwaukee, WI 53227. You must include your e-mail Address, Account Name, Account Password and the Domain on which you want to cancel the hosting. Cancellation requests received less than 10 days before the end of the current billing period will result in the customer being responsible for one additional month of service. We cannot accept cancellation requests over the phone for security reasons. Responsibility for Data We backup your site daily to an off-site data warehouse owned and operated by the RiCH Company (the parent company of RiCHCS). In the event of data loss caused by equipment malfunction, service disruption, or any other cause, backups will be made available. Backups will not be made available to restore accounts for damage caused by user error, or for any other reason than those previously mentioned. We therefore strongly recommend that you keep a complete backup of your website and all files for your security and safety. Finally, in the unlikely event that a backup is corrupted or damaged or unavailable due to circumstances out of RiCHCS direct control, you cannot hold RiCHCS or the RiCH Company legally liable for lost data, business downtime, or lost revenues. Indemnification Customer agrees that it will protect, indemnify, save and hold RiCHCS harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney's fees assessed against RiCHCS , its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it's customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold RiCHCS harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed in association with RiCHCS 's Services ; (2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright violation and any defective products sold to a Customer from RiCHCS 's Services . Disclaimer RiCHCS will not be responsible for any damages your business may suffer. RiCHCS makes no warranties of any kind, expressed or implied for Services we provide. RiCHCS disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by RiCHCS and its employees. RiCHCS reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation. RiCHCS furthermore expects that its Customers who provide Internet Services to others will fully comply with all applicable laws concerning the Privacy of On-line Communications. A Customer's failure to comply with those laws will violate this policy. Finally, RiCHCS wishes to emphasize that in accepting Services , Customers indemnify RiCHCS for the violation of any law or RiCHCS policy, that results in loss to RiCHCS or the bringing of any claim against RiCHCS. This means that if RiCHCS is sued because of activities of the Customer that violate any law, or this policy, the Customer will pay any damages awarded against RiCHCS, plus costs and reasonable attorneys' fees. Privacy Policy RiCHCS insures that all personal information being voluntarily submitted to us in the processing of your order (to be used for record and billing purposes, etc.), inclusive, but not limited to, credit card and other personal information, will be kept strictly confidential and used "solely" by RiCHCS, its authorized representatives and employees; for the strict purpose for which it was intended, and for the benefit of the Subscriber. We agree not to share, rent, sell or release this information to any individual, entity or third party, for any reason, without the specific written consent of the Subscriber; with exception as required by Law, Regulation or Governmental Authority. RiCHCS is committed to protecting and securing all Subscriber provided information, through the use of firewalls and additional security measures in place at its physical facilities to protect against the loss, misuse or alteration of such information. The RiCH Company reviews its TOS/AUP periodically and reserves the right, at its discretion and without prior notice, to modify, add, or remove portions of this Policy at any time. This page should be reviewed periodically so that you are updated on any changes. To communicate with us about our policy, e-mail us at customerservice@therichco.com. |
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