RSH Web Services User Agreement
Please read this agreement in its entirety.
All users, clients and customers of RSH Web Service will be bound by this
agreement. This User Agreement (the 'Agreement') governs the terms of the use
by Client of services offered by RSH Web Services. ('Provider').
Client agrees to receive access to our hosting services according to the
following terms and conditions:
1.) Payment for Services.
Client will pay for services provided under this Agreement by credit card
authorization provided to Provider, by check or money order. When initiating
service, Client will be charged the published setup fee, as well as a pro
rated partial month charge according to the service plan for the number of
days remaining in the calendar month from the time of initiation of service
until the end of the month in which service is initiated. On or about the
first day of every month thereafter, Client's credit card will be charged for
monthly payment for services according to Provider's published schedule. If
this Agreement is terminated on some day other than the last day of the month,
Client will be obligated to pay for only the pro rata portion of the monthly
service plan charge for the month in which the service is terminated.
2.) Term
This Agreement may be terminated by Client or Provider at any time without
prior notice and without cause. If either party is in default under this
Agreement (including nonpayment), then the non-defaulting party may also
immediately terminate the Agreement without prior notice to the other party.
3.) Compliance with Law.
Client will use the services offered by Provider in a manner consistent with
all applicable local, state and federal laws and regulations.
4.) File Back-up.
Provider is not responsible for Client's files residing on Provider's servers.
Client is solely responsible for independent backup of data stored on
Provider's servers.
5.) Prohibition of Publication of Certain
Material.
Client shall not knowingly or unknowingly submit to Provider for publication
any of the following material (including pictures, links, or any other
content):
(a) any material which violates or infringes any copyright, trademark, trade
secret, patent, statutory, common law or other proprietary rights of others;
(b) any material that is libelous or slanderous;
(c) any material which is or contains anything obscene or pornographic; or
(d) distribution lists to be used via unsolicited electronic mail or other
mass electronic mailings including but not limited to: mass-newsgroup
postings, SPAM and unsolicited email sent from your web site, or any other
service on the Internet, which contains your domain name or any other domain
name on our network
Any violation of the above conditions will result in termination of Client's
account.
Due to the public nature of the Internet, all material submitted by Client for
publication will be considered publicly accessible. Provider does not screen
in advance Client's material submitted to Provider for publication. Provider's
publication of material submitted by Client does not create any express or
implied approval by Provider of such material, nor does it indicate that such
material complies with the terms of this Agreement.
6.) DISCLAIMER OF WARRANTIES.
PROVIDER'S SERVICE IS PROVIDED ON AN 'AS IS, AS AVAILABLE' BASIS. PROVIDER
SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT
SHALL PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR
INCIDENTAL DAMAGES, EVEN IF PROVIDER HAS BEEN ADVISED BY CLIENT OF THE
POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF PROVIDER'S SERVICE TO CLIENT
IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, PROVIDER SHALL NOT BE RESPONSIBLE
FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY
CLIENT TO PROVIDER FOR SERVICES, DURING THE PERIOD OF DISRUPTION OF
MALFUNCTION.
7.) Limitation/Disclaimer of Liability.
Provider is not liable for protection or privacy of electronic mail or other
information transferred through the Internet or any other network provider or
its customers may utilize.
Provider does not represent or warrant to Client that Client will receive
continual and uninterrupted service during the term of this Agreement. In no
event shall Provider be liable to Client for any damages resulting from or
related to any failure or delay of Provider to provide service under this
Agreement if such delays or failures are due to strikes, riots, fire,
inclement weather, acts of God, theft or vandalism or other causes beyond
Provider's control, as defined by standard practices in the industry. Such
failure or delay shall not constitute a default under this Agreement.
8.) Indemnity.
Client agrees to defend, indemnify and hold Provider harmless from and against
any and all claims, losses, liabilities and expenses (including attorneys'
fees) related to or arising out of the services provided by Provider to Client
under this Agreement, including without limitation claims made by third
parties (including customers of Client) related to any false advertising
claims, liability claims for products or services sold by Client, claims for
patent, copyright or trademark infringement, claims due to disruption or
malfunction of services provided hereunder, or for any content submitted by
Client for publication by Provider, but excluding those related to the
negligence of Provider.
9.) Resale of Provider's Service.
If Client acts as a 'reseller' of the services provided by Provider to Client
hereunder, by Client providing similar services to its customers, then all the
terms of this Agreement shall provide to the resale. Without limiting the
foregoing, Client's obligations under Section 9 ('Indemnity') shall apply to
any and all claims made against Client and/or Provider which arise out of the
resale of Provider's services.
10.) Relationship of the Parties.
The parties intend that an independent contractor relationship will be created
by this contract, and that no partnership, joint venture or employee/employer
relationship is intended.
11.) Taxes.
If any federal, state or local governmental entity with taxing authority over
the services provided under this Agreement imposes a tax directly on the
services provided by Provider to Client under this Agreement (excluding any
income, business and occupation, capital gain, death or inheritance, or other
indirect taxes), then Provider may pass the direct amount of such cost on to
Client, and Client shall promptly pay such cost.
12.) Waiver.
Any party's failure to insist on compliance or enforcement of any provision of
this Agreement shall not affect its validity or enforceability or constitute a
waiver of future enforcement of that provision or of any other provision of
this Agreement.
13.) Attorneys' Fees.
If a legal proceeding is commenced to enforce or obtain a declaration of
rights under this Agreement, the prevailing party in such proceeding shall be
entitled to recover its reasonable attorneys' fees and costs incurred in the
proceeding from the non-prevailing party, as well as any reasonable attorneys'
fees and costs that the prevailing party incurred prior to commencing the
proceeding.
14.) IP Addresses.
Provider maintains control and any ownership of any and all IP numbers and
addresses that may be assigned to Client and reserves in its sole discretion
the right to change or remove any and all IP numbers and addresses.
15.) Cancellation.
In order to stop service, Client must follow the cancellation procedure which
can be found at http://www.rshweb.com/suport/vserver/cancel.html.
16.) Rules and regulations.
All clients also have read our: Rules
and Regulations and agree to what is outlined their