Rotmax.com has a responsibility to protect each client
and to provide the best services available. The following guidelines
were designed to ensure these obligations are met.
Content:
All services provided by Rotmax.com may be used for lawful purposes
only. Transmission, storage, or presentation of any information, data
or material in violation of any United States Federal, State or City,
or any International laws is prohibited.
This includes, but is not limited to:
Copywrited material, material we judge to be threatening or obscene,
or material protected by trade secret and other statute. The subscriber
agrees to indemnify and hold harmless Rotmax.com from any claims resulting
from the use of the service which damages the subscriber or any other
party.
Illegal Content
Rotmax.com wishes to provide reliable and fast web hosting for anyone
with the need for such a service. In using Rotmax.com clients accept
the following restrictions, as well as and in addition to any future
restrictions set by local, state or federal regulations:
* No posting or transmittal of hate speech, threats of physical violence
or harassing content via our servers.
* No posting or transmittal of material in violation of applicable
copyright laws.
* No posting or transmittal of material that is legally obscene or
that violates child pornography statutes; that contains any graphic
or visual depictions of sexual explicit conduct involving children
or that contains depictions of children where the primary appeal is
prurient.
* No posting or transmittal of sexually oriented material that, in
specific context, is offensive or inappropriate.
* No posting or transmittal of any bulk e-mail without prior written
permission of Rotmax.com (see mail section for more information)
* No posting or transmittal of off-topic or commercial messages to
forums or newsgroups via the Rotmax.com servers.
* Not to engage in illegal, unlawful or tortuous conduct or other
conduct that interferes with Rotmax.com's ability to provide service
or interferes with the rights of others. Such conduct includes, but
is not limited to: libel, invasion of privacy, consumer fraud, unauthorized
dissemination of trade secrets, violation of trademark laws, cracking,
or transmittal of commercially restricted information via Rotmax's
servers.
If you are unsure whether or not your site falls into this category,
feel free to contact us with a description before signing up for an
account or publish material as an existing customer. If needed, we
will inspect the content of the site to let you know.
Also prohibited, are sites that promote any illegal activity or present
content that may be damaging to Rotmax.com servers or any other server
on the Internet.
Resources Usage
Sites that use a lot of the cpu load and or ram memory cause the server
to load sites too slow. It is at our discretion, that if a site uses
too much resource, no matter what the cause, we may need to move the
site to another of our servers, or in many cases, we will ask for
them to lease a dedicated server or to find another host.
We allow programs to run in the background(cronjobs). These are considered
on a case-by-case basis. If they use too much cpu load or ram, we
may contact you to disable them, or in extream cases we will need
to disable them before contacting you.
Bandwidth Usage
Each Rotmax.com account is allocated a specific amount of transfer
bandwidth each month. The amount of bandwidth transferred is equal
to your http, ftp, SSH, email and all other sessions on your IP address
or domain name throughout the month. Bandwidth is measured in bits
transferred and consists of both incoming and outgoing transfers.
Any account exceeding their bandwidth usage during a given month will
be charged an "over the limit" fee of $2.00 per 1000MB over
the limit (fractionally billed). Account transfer as well as other
information is given on the accounts page.
Abusive Activities
Abusive activities will not be tolerated on Rotmax.com. Any attempt
to undermine the integrity of any Rotmax.com system or any domain
hosted on Rotmax.com will result in the immediate cancellation of
your account without refund . This includes (but is not limited to):
Any attempt to undermine the integrity and/or stability of any Rotmax.com
system, Any harassment or other abuse of any Rotmax.com clients, Any
attempt to "crack" any Rotmax.com system, copying, removing
or otherwise obtaining any software that are available on the Rotmax.com
systems. This includes any third party acting on the behalf of a client
hosted on Rotmax.com. Offenders will be prosecuted to the fullest
extent of the law.
Email Abuse
Rotmax.com has a zero tolerance policy on email abuse. Any attempt
to use our system to propagate and/or return SPAM or U.C.E. is expressly
prohibited. Any mass mailing that either is sent using a Rotmax.com
address or which references a domain hosted on the Rotmax.com system
have their account suspended and/or terminated at Rotmax.com's discretion.
Please note: It is not Rotmax.com's intent to harm your ability to
do business. However, our internet backbone providers (Level3, Telia,
etc) has a strict NO-SPAM policy. Furthermore, many states (CALIFORNIA,
TEXAS, AND OTHERS) currently either have anti-spam laws or are in
various stages of debate on anti-spam bills. Therefore we much follow
the rules.
Other Information
Rotmax.com reserves the right to terminate and remove any process
that violates any of our Terms of Service policies. We also reserve
the right to request that you or a third party optimize any program
that uses too many system resources.
Non-Supported Areas
Rotmax.com is only responsible for support directly related to our
servers and our services. While we maintain a FAQ to deal with common
third party software that may be used in conjunction with our servers
and services we cannot be responsible for supporting all of the vast
programs which are available.
Connectivity
Rotmax.com is responsible for it's servers and it's connectivity to
our upstream provider(s) from which we lease our servers. Rotmax.com
guarantees a 99.5% uptime for our servers and our connectivity to
our upstream providers. However, we have no control over and cannot
guarantee connectivity from our backbone to any single internet system
outside of our servers.
Rotmax.com may at times need to perform software or hardware maintenance
or upgrades. Such work shall be performed as fast as possible and
information regarding future upgrades or maintenance will be posted
on our News and Announcements page at least 1 week prior to scheduled
downtime. Said downtime does not count toward our 99.5% promise since
these upgrades are necessary to provide top service for our clients.
System Backups
Rotmax.com uses an additional hard disk onto which we copy compressed
archives of our clients files for extra weekly incremental backups.
Under this system a failure of a main disk will only require us to
install new disks and copy the backup from the second disk.
Our backup system is designed primarily for fast recovery in the event
of any data storage failures on our servers. In the event that any
client wishes for us to restore a file they have deleted manually
we will deal with such requests on a per instance basis for an additional
fee. We however cannot guarantee that the file will be recovered nor
can we determine the length of time it will take to recover the file.
Billing
Billing is done once a month, on the 1st of the month. Payment for
the month is due by the 5th of the billing month. If customer fails
to pay for their account for 30 days after the date of the invoice,
Rotmax.com may without further notice, terminate said customers account.
Termination does not remove customers responsibility to pay all fees
incurred up to the date of termination.
Account termination
Rotmax.com must receive notice of termination by either first class
mail, or via e-mail from customer at least 15 days prior to end of
a month, or the service will be provided and charged to said customer
for the following month.
Refunds:
It is our policy to refund to the customers card all hosting fees
within 24 hours of a customer cancling within the first 30 days of
hosting. If you paid for domain registration at the time you signed
up for hosting, that fee was paid to the registry and is not refundable.
The domain is yours to move to any host you wish.
Limitation of liability:
Your use of Rotmax.com services are at your sole risk. All Rotmax.com
services are provided on an "AS IS" basis WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS,IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING,WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT
OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow
the exclusion of implied warranties, so this exclusion may not apply
to you in full.
Rotmax.com makes no guarantee of availability of
service and reserves the right to change, withdraw, suspend, or discontinue
any functionality or feature of the Rotmax.com service.
In no event will Rotmax.com - Rotmax Services be liable for any damages,
including without limitation, direct, indirect, incidental, special,
consequential, or punitive damages arising out of the use of or inability
to use Rotmax.com's - Rotmax Services, services or any content thereon.
This disclaimer applies, without limitation, to any damages or injury,
whether for breach of contract, tort, or otherwise caused by any failure
of performance; error; omission; interruption; deletion; defect; delay
in operation or transmission; computer virus; file corruption; communication-line
failure; network or system outage, or theft, destruction, unauthorized
access, to , alteration of, or use of any record.
Rotmax.com reserves the right to change or amend these Terms of Service
at any time without prior notice. By submitting your order to Rotmax.com,
you signify your agreement to these Terms of Service.
If you do not agree to these Terms, then please don't submit an order!
Violations of these Acceptable Uses Policies and Terms of Service
should be referred to admin@rotmax.com
All complaints will be investigated promptly.
Serious violations of terms or conditions can be ground for immediate
account deactivation without refund.
Terms of service agreement 
