Terms of Service
HOSTING TERMS AND CONDITIONS
This section applies to the use of your hosting account when you establish an account with us. The terms of service for the use of this website (which you are using right now) are in the next section below.
Reliable Webs, LLC (referred hereinafter as ‘Reliable Webs’, ‘our’, ‘we’ and ‘us’) is a web hosting firm. All accounts on our web servers are subject to the terms and conditions described in this document.
Under the terms of this agreement, your placement of information on our servers is an acknowledgement that you have read, understand, and agree to be bound by terms and conditions below. Reliable Webs reserves the right to change this policy at any time and without notice.
1. User Conduct
Our services may only be used for lawful purposes. Any use of these services which violates any laws which may apply to Reliable Webs, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.
This means that while using our services, you may not:
- Post or transmit any unlawful, threatening, abusive, defamatory, obscene, libelous, offensive, pornographic, indecent, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
- Restrict or inhibit any other user from using and enjoying the Internet.
Reliable Webs reserves the right to the final decision on what constitutes abuse.
2. Resource Usage, Unacceptable Content, Banned Scripts, Spam
Users may not initiate the following on our servers:
- Run any process that requires more than 64MB of memory space, more than 30 CPU seconds, or use more than 5% of all available system resources at any time.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any site with adult-oriented content, including but not limited to any pornographic material.
- Run any gambling site.
- Run any site that offers or links to any unacceptable content. This includes, but is not limited to:
- Pirated software
- Hacker programs or archives
- Warez sites
- Install or run any scripts we label as banned. Banned scripts include, but are not limited to:
- All flat-file based forums
- All IRC programs and utilities
- IRC Egg Drops
- Proxy Servers
- The Anonymizer
- any soap mailers
- FormMail (versions prior to 1.9s)
Reliable Webs reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. Reliable Webs also reserves the right to make any such modifications in an emergency at our sole discretion.
We take a zero tolerance stance against sending of unsolicited e-mail, commonly known as spam. Any user who sends out unsolicited e-mail (Spam) of any kind will have their account terminated without notice.
Accounts canceled or terminated due to sending of unsolicited e-mail will be billed a breach of service fee in the amount of $500.00 plus $10.00 per complaint received. Any information we collect related to spamming activity may be submitted to law enforcement as evidence for prosecution, without notice.
Using Spam to Advertise Sites on Our Servers
You may not send spam from ANY source, including your own computer, ISP, or another server, to advertise a site hosted on one of our servers. If you do, the same terms listed under “Spam Policy” above will apply.
You agree to indemnify, defend and hold harmless Reliable Webs from any and all liability, penalties, losses, damages, costs, expenses, attorneys’ fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, Reliable Webs, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and web site content.
4. Refusal or Discontinuation of Service
Reliable Webs reserves the right to refuse or discontinue service to anyone at Reliable Webs’ sole discretion. Reliable Webs may deny you access to all or part of the service without notice if you engage in any conduct or activities that Reliable Webs in its sole discretion believes violates any of the terms and conditions in this agreement. Reliable Webs shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that Reliable Webs has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. Reliable Webs reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. Reliable Webs also reserves the right to refuse refunds in cases where Reliable Webs believes abuse has taken place.
5. No Warranties
Reliable Webs makes no warranties or representations of any kind for the services being offered. The service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Reliable Webs or its agents or employees shall create a warranty. Reliable Webs provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Reliable Webs be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties’ use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties’ reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with Reliable Webs service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
You understand that by placing information on Reliable Webs’ servers that such information becomes available to all Internet users and that Reliable Webs has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of Reliable Webs’ servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Reliable Webs or on the Internet generally.
Your use of the service is at your sole risk. Reliable Webs is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on Reliable Webs servers.
We will restore customer files from our backup drive, if available, at no charge. Please submit a support request at https://www.reliablewebs.com/help and include a list of the files you need restored and the last date and time you believed these files were correct. Allow 24 hours for the complete restoration of your files. Remember that if a problem occurs on your site and you don’t notice it right away, we may not have a backup that was made prior to the problem occurring. You should ALWAYS keep a backup of a working copy of your site on your own computer or in a safe place so that you can send it to us if you need it restored.
You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by Reliable Webs, including restrictions on services available with each service type, restrictions on certain features and all other policies. You agree to abide by any and all future Reliable Webs policy decisions.
Reliable Webs reserves the right to monitor any and all communications through or with our facilities. You agree that Reliable Webs is not considered a “secure communications medium” for the purposes of the ECPA, and that no expectation of privacy is afforded.
6. Account Holder Identification Information
You agree that you as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up. The account must then be ordered by a parent or guardian, in their own name. You agree to supply Reliable Webs with a current and truthful name, postal address and telephone number for our records. You have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us or to our authorized payment processor(s). You also understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.
7. Sharing of Account Space, Resale Restrictions and Additional Domains
You agree and understand that the account you purchase is purchased either for yourself or on behalf of a client. You may resell your space if desired. You understand that you are the individual solely responsible for all use of the account. You agree that you are the individual solely responsible for all additional domains added onto your account. A violation of these terms and policies by anyone using your account will be treated as a violation by you.
8. Payment and Cancellation Information
You agree to supply appropriate payment for the services received from Reliable Webs IN ADVANCE of the time period during which such services are provided. Payment is due on each anniversary following the date the account was established, according to the length of the billing period (monthly, quarterly, bi-annually, or yearly). You agree that until and unless you notify Reliable Webs of your desire to cancel any or all services received, those services will be billed on a recurring basis. If you pay using Paypal, CANCELLING YOUR PAYPAL SUBSCRIPTION DOES NOT CANCEL YOUR HOSTING ACCOUNT – you will still be liable for any charges incurred up to the day you notify us of your intent to cancel your contract. Payment invoices and receipts will be sent by electronic mail.
Insufficient Funds Charge
There is a $25.00 fee for every check returned due to insufficient funds.
Credit Card Charge-Back
There is a $35.00 fee for any credit card charge-back determined to have been requested on a legitimate credit card charge. If you have a question regarding a charge or believe that there has been a mistake, please contact us first. We would rather resolve a problem directly with you without running up any additional charges for either of us.
Bandwidth Overage Charges
Bandwidth overage charges will be billed at the end of the month for accounts that exceed their plan’s bandwidth allocation. If you maintain a current email address in the control panel of each of your sites, an email will be sent automatically to that address when the site nears its bandwidth limit. In most cases sites will also be automatically suspended when they reach their limit so as to not run up additional charges. However, regardless of whether you received notice or your site was suspended, or not, you will be billed for bandwidth your site or sites use that is in excess of your hosting plan’s limit. Excess bandwidth is billed at $1.00 per Gigabyte (rounded up) per month.
Accounts more than ten (10) days past due will be terminated. Termination does not eliminate your obligation to pay all fees incurred up to the date that Reliable Webs terminates your account. If Reliable Webs incurs any fees or costs in collecting any past-due amounts, including costs of attorneys or a collection bureau, those fees and costs will be added to the amount you owe.
Cancellation notices must submitted to our help desk at least 24 hours prior to your next billing date.
We DO NOT provide refunds for prepaid service unless the refund is requested within thirty (30) days of opening your account.
Accounts canceled or terminated by Reliable Webs for violating our terms of service will not receive any refunds, even if they were open 30 days or less.
Refunds issued under our 30-day, money back guarantee may take up to 30 days to be credited to your credit card or mailed to you.
Every shared hosting and Virtual Private Server (VPS) plan includes a full thirty (30) day money back guarantee. Dedicated servers do NOT have a money back guarantee.
If you are not completely satisfied with our services within the thirty day refund time period, you will be given a full refund of the contract amount excluding bandwidth overage charges, domain registration fees, SSL certificates or bills for any custom work that we did at your request. No refund is available after that period.
Accounts canceled or terminated by Reliable Webs for violating our terms of service do not qualify for the thirty (30) day money back guarantee under any circumstances. Only first-time accounts are eligible for a refund. This is to protect our refund guarantee from being abused. To receive a full refund, please please submit a ticket on our help desk.
Reliable Webs offers all customers a 99.5% uptime guarantee on our web hosting services. In the event that your web site is unavailable, meaning the server is malfunctioning and not responding properly to HTTP requests, for more than 224 minutes, at any time, continuous or spread out during a month, you are entitled to receive an additional, full free month of service.
However, Reliable Webs will not be held responsible for the following:
- Factors outside of our control, such as heavy Internet congestion or networking failures outside of our network, or problems caused by outside agents.
- Problems caused by the customer’s mistakes or oversights, such as failing to pay for domain name registration or renewal fees, or accidentally deleting important files.
- Failures of third party software (WordPress or other scripts, for example) installed by and run by the customer.
- Failures caused by custom configurations.
- Sites that are disabled or removed for non-payment, violations of policies, etc.
If you believe your site has been unavailable for more than 0.5% of a month’s time, please submit a ticket on our help desk. We will refer to our third-party monitoring service to confirm that the outage has occurred, and if it meets the guarantee criteria you will receive a free month of service at the end of the period for which you have already paid.
In the course of serving its customers, Reliable Webs acquires, stores and transmits customer communications and information that customers may regard as private or sensitive. Some of this information (such as the customer’s name, address and telephone number) is provided to Reliable Webs by its customers in order to establish service. Other information (such as the customer’s account status, choice of services and customer logs) is created and maintained by Reliable Webs in the normal course of providing service.
Reliable Webs will not otherwise disclose its customers’ personal and account information unless Reliable Webs has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of Reliable Webs, Reliable Webs’ customers, or others, or where Reliable Webs has a good faith belief that the law requires such disclosure.
12. Agreement Acknowledgement
This agreement supersedes any written, electronic, or oral communication you may have had with Reliable Webs or any agent or representative thereof, and constitutes the complete and total agreement between the parties. Should any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
By placing and continuing to maintain or place information on Reliable Webs servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.
updated: October 29, 2017
WEBSITE TERMS AND CONDITIONS
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.
License to use website
Unless otherwise stated, Reliable Webs, LLC and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute material from this website except for content specifically and expressly made available for redistribution.
Where content is specifically made available for redistribution, it may only be redistributed within your family or organisation.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Reliable Webs, LLC’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Reliable Webs, LLC’s express written consent.
This website is provided “as is” without any representations or warranties, express or implied.
Reliable Webs, LLC makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Reliable Webs, LLC does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind.
Limitations of Liability
Reliable Webs, LLC will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Reliable Webs, LLC has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Reliable Webs, LLC’s liability in respect of any:
- death or personal injury caused by Reliable Webs, LLC’s negligence;
- fraud or fraudulent misrepresentation on the part of Reliable Webs, LLC; or
- matter which it would be illegal or unlawful for Reliable Webs, LLC to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, Reliable Webs, LLC has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Reliable Webs, LLC’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Reliable Webs, LLC’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Reliable Webs, LLC .
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Reliable Webs, LLC and undertake to keep Reliable Webs, LLC indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Reliable Webs, LLC to a third party in settlement of a claim or dispute on the advice of Reliable Webs, LLC’s legal advisers) incurred or suffered by Reliable Webs, LLC arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Reliable Webs, LLC’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Reliable Webs, LLC may take such action as Reliable Webs, LLC deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Reliable Webs, LLC may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Reliable Webs, LLC may transfer, sub-contract or otherwise deal with Reliable Webs, LLC’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with laws of the State of Oregon, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of that court.
Reliable Webs, LLC Details
360 Old Ferry Rd
Shady Cove, Oregon 97539-3400
updated: October 29, 2017
Credit: This document was created using a Contractology template available at https://www.freenetlaw.com.