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RyTech Hosting - Terms of Service

Terms of Service

Customers hold complete freedom to express themselves on their web sites. Although your intellectual and artistic freedom is respected, RyTech Hosting., still reserves the right to remove content from our servers for any of the following reasons.

We do not allow any illegal activity including, but not limited to child pornography web sites, links to child pornography web sites, animal abuse web sites, spamming, slanderous, abusive, racist or terrorist content, illegal software / warez download sites, illegal game servers, and illegal bulk email services.

We do not allow any conduct that violates regulations, or normally accepted practices within the Internet community, whether or not expressly mentioned in this policy. We reserve the right at any time to refuse or cancel service without warning or refund should any of these terms be violated. Use of our services is at the customer's sole risk, we make no warranties. We reserve the right at any time to disallow activities that might in any way damage RyTech Hosting,'s reputation, network and or servers weather caused intentionally or unintentionally.

1. The Service

RyTech Hosting,'s services include but are not limited to the following: Domain hosting, POP and web-based e-mail, and file upload (FTP). RyTech Hosting, does not place banners on customer's web sites although customers may choose to do so in accordance with all regulations set out by RyTech Hosting.,, the province, and the country. RyTech Hosting, will not charge additional fees for the aforementioned services unless customer chooses to use optional services that are subject to a fee. Customer is, however, entirely responsible for:

• All fees and/or charges related to domain name registration and/or renewal of such registration and or hosting renewal on a yearly or monthly basis via automatic debits by our recurring billing system software;

• Presenting available payment upon due date for any of RyTech Hosting.,'s paid services; if account(s) has outstanding balance, RyTech Hosting, reserves the right to suspend all services associated to member and/or member credit card number until amount is paid in full*

• Providing all necessary equipment and software to establish a connection to the World Wide Web and use the services offered by RyTech Hosting,, including but not limited to a computer and modem;

• Providing own access to the World Wide Web and pay for all fees associated with such access.

2. Customer Information

To be able to use the Service, customer must complete a proper registration process. Customer agrees to:

• Provide current, complete and accurate personal information (referred to as the Registration Data) as requested by the Service;

• Maintain and update this information to keep it current, complete, and accurate.

RyTech Hosting, does not sell or disclose any Registration Data to a third-party unless:

• Customer voluntarily discloses such information to another party;

• Customer expressly directs RyTech Hosting, to release such information;

• RyTech Hosting, is required to disclose such information by any applicable law or legal process served on RyTech Hosting,.

3. Advertisements

Customer may choose to display advertising banners on own web site, provided that the advertisements are not of illegal, or discriminatory nature. Customer may also enter into correspondence with or participate in promotions of the advertisers whose banners are displayed on own or other customer's web sites.

Any such correspondence or participation, including the payment and delivery of products and services and any other terms, conditions, warranties or representations associated with such correspondence or participation, are solely between the corresponding customer and the advertiser.

RyTech Hosting, assumes no liability, obligation or responsibility for any part of any such correspondence or participation.

4. Limitations

The Service is subject to the following limitations:

• Customer agrees not to engage in any activity that could overwhelm the server with heavy CPU usage or that requires a disproportionate or unreasonable amount of the resources of the RyTech Hosting, servers;

• Customer shall not include content or Internet links to content on the site that may contain, promote, or involve the following:

The Customer agrees not initiate or be involved with any of the following:

• Any infringement of copyright, trademark, patent, trade secret or other intellectual property right;

• Illegal software / Warez download sites;

• Content that exploits children less than 18 years of age;

• Use of spamming tools, etc.

• Hate and or terrorist propaganda;

• Racist, threatening, or otherwise abusive content;

• Content promoted through the sending of unsolicited e-mail (also known as spamming);

• Sending of unsolicited e-mail (SPAM) from the RyTech Hosting, server, or any other server that refers to content on the RyTech Hosting, server, or sending such e-mail with a RyTech Hosting, hosted web site listed as the contact address;

• Mail fraud, multilevel marketing (pyramid) schemes or other fraudulent activities;

• The promotion or incitement of, or instruction for, the commission of illegal activities;

• Information or other material that contains a virus, corrupted data or other harmful or damaging component.

• Illegal Internet gaming sites / file sharing servers;

• Illegal bulk email services;

• IRC Bots

Customers will be aware that the following is prohibited for dedicated servers.


Examples of unacceptable content include, but are not limited to:

* Copyrighted media, without authority to distribute or display
* Unlicensed applications
* Cracking programs or key generators
* Child pornography or kidnapping material
* Fraudulent activity, phishing, pyramid schemes, chain letters, forgery, or impersonation
* Terrorist propaganda, racist material, or bomb/weapon instructions
* Virus/Virii, Spyware, Malware, or other infectious material
* Material protected by trade secret or other statute

Additionally, RyTech Hosting, prohibits:

* IRC and associated programs (including psybnc, "bots", etc...)
* Scripts commonly used for abuse, attacks, or flooding
* Threatening, harassing, or obscene content
* Any proxies which do not require authentication (including open mail proxies, unprotected anonymous web surfing proxies, etc...)

Legal adult content is permitted on all RyTech Hosting, product lines. The viewing/downloading or possession of such information/data by RyTech Hosting, clientele is not governed by RyTech Hosting, policy, and is at your own discretion/free-will, and may be governed by your state/federal government.

Links to unacceptable content, as defined above, are also prohibited.

Online Activity:
Any attempts to undermine or cause harm to the RyTech Hosting, equipment, network, operations, or clientele is STRICTLY prohibited. RyTech Hosting, will pursue legal action to the fullest extent for all abuse/violation of such.

Any activity deemed damaging or abusive, whether unlawful or considered to be detrimental to the operations of RyTech Hosting,, is prohibited.
This includes, but is not limited to:

* Denial of Service Attacks (DOS/DDOS)
* Unnecessary Port Scans
* Mail Bombing
* Unsolicited Advertising via IM, Forums, Newsgroups, Email, etc..

Bulk Email: We understand that bulk email is an important mechanism for keeping people informed. However, spamming (unsolicited advertising), from the RyTech Hosting, network, or spam-advertising (unsolicited advertising of) sites hosted on the RyTech Hosting, network is STRICTLY prohibited.

Legitimate bulk email meets the following criteria:

1) The recipient has confirmed his willingness to be added to the distribution list of the mailing, by responding to a verification email, or, otherwise, verifiably confirming permission. (Evidence of such must be retained and available by request.)

2) Messages include: Valid headers, removal instructions, and information on the method by which the subscribed address was obtained.

All bulk email senders must post privacy policies, in association with the sending domains. Co-registration is not prohibited, but explanations of the sharing of information must be both publicly available and included in the confirmation mechanism for list subscription.

If RyTech Hosting, approaches a client for evidence of confirmation, this request must be honored within 48 hours.

Failure to meet the acceptable criteria for bulk mail may lead to immediate termination.

Additionally, if such actions have caused mail servers or IP address ranges on the RyTech Hosting, network to be blacklisted, RyTech Hosting, reserves the right to assess a $100 charge to the customer account. This fee is set to cover administrative costs associated with removal from such lists.

Please make an effort to limit outgoing mail on your account to no more than 1000 pieces per hour. Large mailings are preferred to be sent from the hours of 12AM - 8AM EST.

Policy Violations:

RyTech Hosting, may, at any time, audit systems for any data/activity showing potential policy violations.

Warnings: The RyTech Hosting, Abuse makes an attempt to contact the client, via email, when the first sign of a possible violation is noted. These alerts are a courtesy. Responses to such alerts are required. If an alert is received from any RyTech Hosting, staff member, the client is responsible for acknowledging his/her understanding and citing any action planned or taken, within 24 hours of the notice. Failure to do so may lead to suspension. Repeated failure to do so may result in termination, or suspension.

Note: It is extremely important to ensure that the email address on record with the RyTech Hosting, Customer Service Dept is valid. This is the address used for abuse notifications and warnings.

Suspension/Deactivation:
If any terms or conditions are failed to be followed, the client risks service suspension or termination. RyTech Hosting, reserves the right to remove any account, without prior notice. If RyTech Hosting, deactivates an account for violating policy, the client will forfeit any rights to a refund. No refunds for advance payments will be granted for deactivated accounts.

Reactivation:
If a service is suspended, the client will be required to pay a reactivation fee of $50.00, and when applicable, to cover any administrative costs associated with the offense/violation, as determined by RyTech Hosting,.

5. Customer Account Security

A password and an account are provided to Member upon completion of registration. Customer is entirely responsible for

• maintaining confidentiality of the password and account;

• All consequences of voluntary disclosure of password and account information;

• Any and all activities that occur under customer's account.

Customer agrees to notify RyTech Hosting, immediately of any unauthorized use of customer's account or any other breach of security known to customer and RyTech Hosting, will take action accordingly.

6. Billing & Cancellation

E-mail notice is required to cancel your service with RyTech Hosting, and there is no cancellation fee.

We reserve the right to cancel the account at any time. Upon cancellation the account data is kept for 10 days. Accounts in violation of the TOS will be suspended and all data removed without warning. We take the security of our customers very seriously.

Customers may cancel at any time. We give you an unconditional 30 day money back guarantee on managed shared hosting from the time of purchase. We will not refund past the 30 day period however, you can cancel at any time.

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

All refunds will be processed within 30 days of the request. Once it is refunded, the account will be terminated. Dedicated servers and VPS accounts are not eligible for a refund. Cancellation must be submitted to the sales department within 7 days of the next billing date.

There is a 72 hour grace period for payments. If we do not receive payment or any notice excusing you of payment within 72 hours of the invoice being due, we will suspend the account. There is a $10 reactivation fee for shared and reseller accounts overdue. For VPS and Dedicated Servers, there is a $50 reactivation fee. After 7 days overdue, the VPS/Dedicated Server will be destoyed.

7. Data Transfer & Web Space Disclosure

We do not oversell our services. We make no statements on guarenteed bandwidth. Should you exceed this, your account will be suspended and you can either choose to remove access files, upgrade your account, pay for bandwidth overages, or wait until your next month for bandwidth.

In rare cases, RyTech Hosting, may find a customer to be using server / network resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, RyTech Hosting, reserves the right to impose the High Resource User Policy for the consideration of all customers.

RyTech Hosting, reserves the right to discontinue / suspend services without notice should any hosting account exceed CPU, database, and network thresholds on our servers which may cause service interruption to other customers.

The above applies to all shared hosting accounts.

8. Amendments

Customer agrees to be bound by any amendments or modifications to this agreement that are set out, from time to time, by RyTech Hosting, anywhere on this site.

9. Modifications

RyTech Hosting, reserves all rights to modify or discontinue the service with or without notice to customer. RyTech Hosting, shall not be liable to customer or any third party should RyTech Hosting, exercise its right to modify or discontinue the service.

10. No Representations or Warranties

The service offered by RyTech Hosting, is on an "as is" basis, with no representations or warranties of any kind, expressed or implied. For greater certainty and without limitation to the generality of the following:

• RyTech Hosting, makes no representations, warranties or guarantees of any kind, whether written or verbal, regarding the reliability of the site provided or any other services offered;

• RyTech Hosting, is not responsible for deleted, altered, or lost data due to network or system outages, file corruption, accidental deletion, or any other reasons;

• RyTech Hosting, makes no representations, warranties, or guarantees with regards to server reliability, speed or consistency;

• RyTech Hosting, makes no representations, warranties or guarantees as to the accuracy or correctness of any content on any of the Sites and is not responsible for any errors or omissions arising from the use of such information;

• RyTech Hosting, may also include, on its web resources or in newsletters, information provided by 3rd party partners and providers. RyTech Hosting, does not guarantee or warrant the reliability of this information nor does RyTech Hosting, recommend any of these services.

11. Limitations of Liability

RyTech Hosting, is not responsible for any failures, delays, or interruptions in the delivery of any content or services contained on the RyTech Hosting, server; or losses or damages arising from the use of the content or services provided by RyTech Hosting. For greater certainty and without limitation to the generality of the following:

in no event will RyTech Hosting, be liable to customer for any direct, indirect, incidental or consequential damages arising out of the service or in connection with the site or

RyTech Hosting, and it's employees shall in no way be liable to customer or anyone else for any loss or injury resulting from use of the service or the site;

• In no event shall RyTech Hosting, be held liable for any damages, whatsoever, as a result of notifying any official of potentially illegal content on the site, providing copies of customer's web pages to the appropriate officials or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.

12. Indemnity

Customer agrees to indemnify and hold RyTech Hosting, harmless from and against, and to reimburse RyTech Hosting, with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) of every nature whatsoever incurred by RyTech Hosting, by reason of or arising out of or in connection with

• Any breach of this agreement by customer;

• Any infringement of any copyright, trademark, patent, trade secret or any other intellectual propriety right of any party by content on the site;

• Illegal, or discriminatory content on the site;

13. Termination

Customer agrees that RyTech Hosting, may terminate this agreement, discontinue the service and delete the site at any time with or without notice to customer in any of the following circumstances:

• Customer violates any term of this agreement, any municipal, provincial or federal laws, or any policy set out, from time to time, by RyTech Hosting, anywhere on this site http://www.rytechhosting.com;

• Customer engages in conduct or posts material on the site that RyTech Hosting, believes is harmful to other customers, the business of RyTech Hosting, or any third-party;

• Customer engages in any activity that could overwhelm the server with heavy CPU usage or that requires a disproportionate amount of the resources of the RyTech Hosting, servers;

• Customer disputes the terms of this agreement or any amendment set out by RyTech Hosting,;

• RyTech Hosting, receives complaints regarding customer or the site, from other customers or third-parties.

• Customer provides personal information that is not current, accurate, and complete.

Should we cancel your account for a reason not stated above; a refund will be issued at our discretion.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

14. Governing Law

• This agreement is governed by and construed in accordance with the applicable laws of the British Columbia and the federal laws of Canada;

• Customer and RyTech Hosting, agree to submit to the exclusive jurisdiction of the courts of the United States of America, California;

• If any provision of this agreement is held to be invalid, illegal or unenforceable, all other provisions will nevertheless continue in full force and effect;

• RyTech Hosting,'s failure to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by RyTech Hosting, by writing;

• Customer and RyTech Hosting, agree that any cause of action arising out of or related to this service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

15. Resource Usage

Users may not initiate the following:

• Use 10% or more of any system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

• Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.

• 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 gaming servers such as counter-strike, half-life, battlefield1492, etc

If you initiate any of the above, your account will be suspended.

16. Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

17. Price Changes

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on our site, and the right to increase or decrease the amount of resources given to plans at any time.

18. Script installation services

Payment must be made within 10 days of the service completion, if you have not made the payment by this time, you account will be suspended until we either receive the payment, or after two weeks of inactivity, the account will be terminated without notice.

Script installations are final, once you decide that everything is running fine, you are fully responsible for any possible errors that may occur in the future, we do not guarantee that we can install every script out there, but we will make our best efforts.

19.) Website transfer

We reserve the right to decline a web transfer at our discretion. We make no guarantee that we can transfer your site, we cannot be held responsible for data loss in the transfer. It is up to the client to make the necessary backups and preparations for the transfer.

At this time we only transfer cPanel accounts.

20.) Changes to the TOS

We reserve the right to revise its policies at any time without notice although we will attempt to inform our customers should changes occur.

By agreeing with the TOS, you agree to have read, understood, and agreed with the statements found here: Service Terms

 

 

 

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