This agreement represents the complete agreement and understanding between reThink Your Hosting, a division of reThink Publishing LLC, (hereinafter called RYH) and the customer (hereinafter called Account Holder) and supersedes any other written or oral agreement. RYH reserves the right, in its sole discretion, with or without notice, to modify, these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change the services offered at any time without prior or any notification. Account Holder must comply with RYH’s current “Terms and Conditions,” as updated from time to time by RYH, which can be viewed at the RYH web site.
Submission of your account order shall constitute your acceptance of these Terms and Conditions.
1. Provision of services
a. Service means – Any act of serving the ACCOUNT HOLDER, being provided by RYH, regardless of its duration and whether it’s a paid service or a free service.
b. Without limiting the scope of item 1.a. above, RYH will provide services on its host computing systems, shared server to individual ACCOUNT HOLDERS in exchange for payment of fees and compliance with the terms and conditions of this document.
c. RYH’s fee does not include the initial domain registration fee and renewal fee thereafter, or any other regional registrar domain registration fees, unless specifically ordered through the RYH Domain Registration services.
e. Be advised that upon registering a domain name, you will be subject to the Terms and Conditions of InterNIC or other registries as applicable. Please refer to our Domain Registration Agreement.
2. Use of Services
The ACCOUNT HOLDER agrees that RYH will only host family-friendly websites. The ACCOUNT HOLDER agrees that absolutely no adult-oriented sites will be allowed on RYH servers, including, but is not limited to, pornography of any type and/or adult-themed materials.
a. The ACCOUNT HOLDER agrees to use the services provided by RYH as permitted by applicable local, provincial, state, and federal laws. The ACCOUNT HOLDER agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law, libelous, or against any RYH policy.
b. RYH reserves the right to refuse service to any new or existing customers.
c. The ACCOUNT HOLDER is solely responsible for any legal liability arising out of, or relating to, his/her web site at RYH. The ACCOUNT HOLDER represents and warrants to RYH that it holds the necessary rights to permit the use of any of the items on his/her web site, and, that the use, reproduction, distribution, transmission or display of any data to the public, and any material to which the public can link through, or any products of services made available to the public through his/her web site, will not –
1. violate or potentially violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, business or personal dispute or argument, invasion of privacy or rights of celebrity, violation of any anti discrimination law or regulation, or any other right of any person or entity, or any personal or business argument or dispute; or
2. contain any material that is: unlawful, fraudulent, libelous, slanderous, threatening, harassing, defamatory, obscene, hateful, racially, ethnically, disputatiously, argumentatively or otherwise objectionable, including, without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national or international law. ACCOUNT HOLDER agrees to indemnify and to hold RYH, and any third party entities related to RYH, harmless from and against any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses arising out of or related to:
- The ACCOUNT HOLDER’s breach of any of the forgoing representations and warranties, or any other third party claim with respect thereto, will result in termination of the ACCOUNT HOLDERS services.
d. The ACCOUNT HOLDER understands and agrees that hosting of the ACCOUNT HOLDER’s web site is at the sole discretion of RYH. RYH may at its sole discretion discontinue web site hosting service to any ACCOUNT HOLDER operating a web site that RYH deems to be in violation of Section (3c.) of these Terms and Conditions.
e. RYH accounts cannot be transferred or used by anyone other than the ACCOUNT HOLDER. ACCOUNT HOLDER may not sell, lease, rent or assign the connection or parts of the connection to any party not named in this agreement.
f. Use of other organizations networks or computing resources is subject to their respective permission and usage policy.
3. Use of Material
a. Public Domain materials (e.g., images, text, and programs) may be downloaded or uploaded using RYH services. ACCOUNT HOLDERS may also re-distribute materials in the public domain. The ACCOUNT HOLDER assumes all risks regarding the determination of whether the material is in the public domain.
b. As provided by United States federal law, Canada federal law and by International law, copyrighted materials (e.g., images, text, and programs) may not be uploaded using RYH services without the permission of the copyright holder. Copyrighted materials may be downloaded for personal use. Except as expressly permitted, materials under copyright may not be distributed to others. Copyrighted material may not be changed nor can the author attribution notices nor the copyright notices be modified.
4. Password Security
The ACCOUNT HOLDER agrees to maintain a secure password to the account. Secure passwords are those that are between 6 and 12 characters long, contain upper and lowercase letters, numbers or other characters. The ACCOUNT HOLDER is solely responsible for changing its password as required to assure secure access to its account.
The ACCOUNT HOLDER agrees to provide RYH with the current account password upon request. ACCOUNT HOLDER also agrees to allow RYH administrative access to any software on the system for server maintenance purposes.
5. Data Backup: The ACCOUNT HOLDER agrees to back up all files and database hosted at RYH. In no way will reThink Education Hosting LLC be responsible for the loss or destruction of any parts of the hosting account. If a web server loses a file , or if a user moves their site content to a new web host and ecommerce system, and data or files are lost as a result, there will be a charge to reinstall the catalog on our server, and no guarantee can be made that any of the previous files or database information can be recovered.
The ACCOUNT HOLDER agrees to protect, defend, hold harmless and to indemnify RYH, its Parents, Subsidiaries, Affiliates, Executives, Directors, Officers, Managers, Employees, Successors, Assigns, Consultants and Agents, from any claims, including attorney’s fees, resulting from the ACCOUNT HOLDER’s use of RYH’s services.
7. LIMITED LIABILITY
a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY SHALL RYH BE LIABLE TO THE ACCOUNT HOLDER FOR ANY BUSINESS LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS/SERVICES, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, OR INABILITY TO USE, ANY OF RYH’s SERVICES, EVEN IF RYH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL RYH’s LIABILITY EXCEED THE MONTHLY FEE PAID BY THE ACCOUNT HOLDER. THIS LIMITATION OF LIABILITY AND RISKS IS REFLECTED IN THE PRICE OF RYH’s SERVICES.
b. The ACCOUNT HOLDER acknowledges that RYH makes an honest effort to keep the information available on RYH’s systems accurate. However, RYH can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity for the data and/or information available. Use of information obtained from or through RYH is at the risk of the ACCOUNT HOLDER.
c. The ACCOUNT HOLDER acknowledges that the information available through the interconnecting networks may not be accurate. RYH has no ability or authority over the material. RYH can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information residing on or passing through these networks. Use of information obtained from or through RYH services is at the risk of the ACCOUNT HOLDER.
d. The ACCOUNT HOLDER understands, agrees and acknowledges that RYH makes an honest effort to provide the ACCOUNT HOLDER with Technologies, Developments and Innovations that part of them are being licensed, or co-branded, from or by, third-party entities. However, RYH can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, reliability or validity for the application(s), data and/or information involved in such items. RYH specifically disclaims all warranties of merchantability and and fitness for a particular purpose. The use of these application(s), data and/or information obtained from or through RYH, or any other referred third-party, directly or indirectly, is at the risk of the ACCOUNT HOLDER.
e. The ACCOUNT HOLDER understands, agrees and acknowledges that RYH will use its best efforts to maintain a full time Internet presence for ACCOUNT HOLDER. The network may be down due, but not limited to, utility interruption, equipment failure, natural disaster, acts of God, or human error. ACCOUNT HOLDER agrees that these events may or may not occur and ACCOUNT HOLDER will hold RYH, its Parents, Subsidiaries, Affiliates, Executives, Directors, Officers, Managers, Employees, Successors, Assigns, Consultants and Agents, free and harmless from any damages incurred in any event of any type of loss resulting from any reason whatsoever. Uses of RYH service is at the risk of the ACCOUNT HOLDER.
8. Payment of fees and penalties
a. The RYH hosting billing cycle renews each month on first day of the client-selected at the time of order billing cycle.
b. Service payments will be charged in advance of receiving services. You are responsible for paying your hosting fees, regardless of whether or not you use the site, as long as the site is in existence. If you wish to cancel your services, you must inform RYH in writing via the Client Portal.
c. The service contract will be automatically renewed at the end of its term and the service payment for the renewal term will be charged automatically to ACCOUNT HOLDER’s credit card without “RYH” obtaining ACCOUNT HOLDER’s permission after the initial charge. ACCOUNT HOLDER shall notify RYH of any changes in credit card number or expiration date. If the card is not honored for any reason, RYH will attempt to notify the ACCOUNT HOLDER by using the e-mail address on file. It is the ACCOUNT HOLDER’S responsibility to keep a valid e-mail address on file with RYH. If alternative payment arrangement has not been made within 5 days of invoice due date, the account will be suspended. RYH will attempt to charge ACCOUNT HOLDER’s credit card on the invoice due date and once a week for 30 days. The account will be terminated after 30 days. ACCOUNT HOLDER’S credit card information will be kept on file throughout the length of the account’s billing cycle or until ACCOUNT HOLDER cancels account. Upon account cancellation, ACCOUNT HOLDER’s credit card information will be destroyed.
d. Payment is due at beginning of each accounting cycle.
e. Overdue accounts are those that remain unpaid 5 days after beginning of accounting cycle (due date of invoice, which is the first day of the month).
f. Accounts that are overdue are put on “accounting hold” and may not be used. Accounts that are unpaid for 30 days will be terminated immediately without notice.
g. There is a service reconnection charge of $5.00 to reactivate accounts from suspended status. Accounts requiring manual unsuspension will be unsuspended within 12 business hours after service reconnection payment is received. Accounts on automated suspension/unsuspension will be reconnected with 30 minutes after service reconnection payment is received.
h. The ACCOUNT HOLDER acknowledges responsibility for the account until payment in full is made.
i. There is a $25.00 service charge for each check that is not honored or chargeback that is issued.
j. The ACCOUNT HOLDER will be charged for excessive bandwidth usage (above the relevant allowance of the chosen service package). It is the ACCOUNT HOLDER’s responsibility to monitor the amount of bandwidth of his/her account, on a daily basis. RYH has no obligation to warn the ACCOUNT HOLDER regarding the excessive bandwidth usage.
k. No refund on all paid and pre-paid services after the first 30 days of account activation. Virtual Private and Dedicated servers are not included for the 30 Day Money Back Guarantee.
l. Chargebacks issued for valid hosting fees will result in immediate account termination, without prior notice, and without exception.
m. RYH, at its discretion, may in some cases issue a credit to a client’s account. Under no circumstances can that credit be converted to cash. It can only be used to pay for RYH services, including web hosting and design services.
n. Unusual billing account change requests, including, but not limited to, moving sites into the same or separate billing accounts, changing the name of a website after it has been purchased, refunding credit card charges to one card so that another card can be charged, will be charged a fee of not less than $20 and not more than $80.
o. We are NOT responsible for any emails that do you do not receive, or for the consequences of you not receiving any notifications from us, including invoices, late payment notifications, suspension notifications or account deletion notifications. You may login to the Billing Center at any time to view your invoices and notifications.
p. You are responsible solely responsible for ensuring that your accounts are paid in a timely manner and that you keep abreast of updates and notifications via emails, website updates, and support forum announcements and posts.
q. RYH may, at its sole discretion, offer account credits to clients who cancel services or packages with unused time left, and who maintain other packages or services through RYH, or for clients who request credits after experiencing server downtime as a result of a direct failure in our systems or reasons other than a previously announced scheduled maintenance period. In the event of service interruption, credits will be offered for 1 hour of hosting for every 1 hour of service interruption, up to 10 percent of the client’s next pre-paid hosting renewal fee. Credits may not be converted to refunds.
9. “CANCELLATION” Requests
This agreement will commence upon the ACCOUNT HOLDER’s acceptance of it and continue on a month-to-month basis.
a. For ACCOUNT HOLDERS that pay on a MONTHLY basis ONLY – CANCELLATION of services by the client must be submitted by logging into your Client Area in the Billing Center, clicking on My Products & Services and then clicking the “view details” button (for each account) and then clicking on the “Request Cancellation” button at the bottom of the page. Telephone, email requests or any other means will not be honored, as we will not be able to verify your identity. All Cancellation Requests must received by RYH, before the 1st day of the month to prevent automated billing. ACCOUNT HOLDERS may cancel their accounts effective immediately or at the end of their billing cycle, via the Billing Center.
b. For ACCOUNT HOLDERS that pay on a NON-MONTHLY basis (3, 6 and 12 months) – CANCELLATION of services by the ACCOUNT HOLDER must be submitted by logging into your Client Area in the Billing Center, clicking on My Products & Services and then clicking the “view details” button (for each account) and then clicking on the “Request Cancellation” button at the bottom of the page. Telephone, email requests or any other means will not be honored, as we will not be able to verify your identity. All Cancellation Requests must be received by RYH, 15 days before the account’s anniversary date, in order to be processed before anniversary date. This will prevent an automatic renewal and charge. The ACCOUNT HOLDER may opt to submit a cancellation request to be processed at the end of the billing cycle.
c. All RYH accounts must be paid in full before the transaction will be considered complete.
d. Cancellations after the first 30 days of account activation will NOT generate ANY refund.
e. CANCELLATION of services by the client must be submitted by logging into your Client Area in the Billing Center, clicking on My Products & Services and then clicking the “view details” button (for each account) and then clicking on the “Request Cancellation” button at the bottom of the page. Telephone, email requests or any other means will not be honored, as we will not be able to verify your identity.
10. Abuse of Services
a. Any use of RYH system resources that disrupts the normal use of the system for other RYH customers is considered to be abuse of system resources and is grounds for administrative intervention. Some examples of system abuse include, but are not limited to, spawning dozens of processes, consuming excessive amounts of memory or CPU for long periods of time, overwhelm the server with heavy CPU usage from highly active CGI scripts or chat scripts, spamming or mass emailing using internal or external mail and/or news servers. Without limiting the scope of the above, RYH forbids the storage of illegal/pirated software, the use of any type of IRC bot and/or proxy (including, but not limited to, bnc and eggdrop), the storage and use of any type of software intended for hacking/cracking purposes and the storage or sale of bulk email lists intended for spamming or resale purposes.
b. Depending on the nature and the severity of the abuse, the user may receive an email warning or have his/her account suspended by RYH Technical Support. Spamming activities will result in immediate termination of services to Account Holder.
c. Unethical and criminal offenses are violations of RYH conditions of use. You are expected to report to RYH any information you may have concerning instances in which the conditions of use have been or are being violated. When RYH becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, RYH may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of RYH, following payment of a reconnection charge equal to the current setup fee.
11. IP Addresses
RYH maintains control and ownership of any and all IP numbers and IP addresses that may be assigned to the ACCOUNT HOLDER and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. ACCOUNT HOLDER will have no right to use the assigned IP numbers except as allowed by RYH in its sole discretion in connection with the plan ACCOUNT HOLDER has selected, during the term of this agreement.
The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective successors, executors and administrators, as the case may be, provided that the ACCOUNT HOLDER may not assign or delegate its rights and obligations under his business relationships with RYH, either in whole or in part, without the prior written consent of RYH. RYH may assign its rights and obligations under this Agreement to a third party in connection with a merger, consolidation, sale of all or substantially all of RYH’s assets or other corporate reorganization.
13. Governing Law/Severability
Any Agreement, arising from the business relationships between RYH and the ACCOUNT HOLDER, will be governed by and construed in accordance with the laws of the State of Oklahoma, United States of America, without reference to its conflicts of laws principles. ACCOUNT HOLDER agrees that any litigation or arbitration between the parties will take place in the State of Oklahoma, United States of America, and consent to personal jurisdiction and venue in that state. If any provision of that Agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of that Agreement will continue in full force and effect.
14. Age of Majority
RYH cannot accept agreements and payments from persons under the age of 18 years. Therefore, RYH requires that its agreements be made with a person who is qualified to contract. As such, the ACCOUNT HOLDER must be over the age of 18 years. Otherwise, a parent or guardian must accept this agreement and ensure the proper payment.
15. Other Legal Agreements
RYH and Client agree that any dispute arising out of this TOS shall first be resolved by mediation, if possible. Payment for services indicates an agreement with the current version of this TOS, which was entered into in Cleveland County, Oklahoma, and any necessary arbitration or litigation will take place in this county.
16. Complete Understanding/Modification
These Terms & Conditions constitute the full and complete understanding and agreement of the ACCOUNT HOLDER and RYH, relating to the subject matter hereof, and supersedes all prior understandings, agreements, representations and warranties relating to such subject matter. Any waiver, modification, or amendment of any provision of this Terms & Conditions, initiated by the ACCOUNT HOLDER, will be effective only if accepted in writing and signed by RYH.