RentaServer, Inc ("The Company") agrees to provide services to the Subscriber, subject to the following Terms of Service. Use of any of The Company's services constitutes acceptance and agreement to its Terms of Service by the Subscriber. The Company reserves the right to modify its Terms of Service without notice.
The Subscriber agrees that The Company may provide the Subscriber with notices, including those regarding changes to the Terms of Service, by email, postal mail, or through posts on The Company's website. The Subscriber may unsubscribe to these notices but agrees that the responsibility of being made aware to changes made to this Agreement falls solely upon the Subscriber.
The terms of this Agreement shall commence the day the Subscriber purchases or connects to The Company's services, whichever is first, and shall continue thereafter until use of The Company's services ends.
The Company agrees to supply the services in accordance with the terms of this Agreement. The Subscriber agrees to receive the services from The Company in accordance with the terms of this Agreement.
The Subscriber may subscribe to or use The Company's services, provided that the Subscriber is of legal age and/or is able to form a binding contract and are not barred from receiving such services under the laws of the United States or any other jurisdictions. The Subscriber is responsible for keeping the confidentiality of their account information and all activities that may occur under their account and/or services. The Subscriber is responsible for content kept within their account and/or services. The Subscriber agrees to immediately notify The Company of any unauthorized use of their account or any other breach of security. The Company will not be liable for any loss or damage as a result of failures to provide it with accurate information or by failure of the Subscriber in keeping their account secure.
The Subscriber will not engage in any activities that may interfere with or may disrupt The Company's services or any networks connected to The Company. Any data that is created, saved, displayed, or transmitted by the Subscriber while using The Company's services are the Subscriber's responsibilities. Accounts caught engaging in nefarious activities may be suspended or canceled without a refund. The Company's services are meant only to be used for their marketed and intended purposes. Any other usage is prohibited.
The Subscriber agrees that the activities listed below are considered to be prohibited in usage and may result in immediate account suspension or cancellation without a refund and that The Company may impose fees and/or pursue civil remedies without providing advance notice.
Deliberate misuse of system resources, including but not limited to utilizing programs that are purposefully meant to consume excessive CPU Cycles, Disk I/O, or Network Bandwidth. This includes any forms of deliberate misuse of provided resources to impact or affect The Company's customers.
If The Company assigns a Subscriber an Internet Protocol Address for the Subscriber's use, the right to use that Internet Protocol Address shall belong only to The Company and the Subscriber shall have no right to use that Internet Protocol Address except as permitted by The Company in its sole discretion in connection with its services.
Attempting to gain unauthorized and/or illegal access of computers, networks and/or accounts not belonging to the party seeking access. Any action that interferes with the services of The Company's customers or The Company's network. Any action related to the circumvention of The Company's security measures. The Company and the services it provides may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material that is in violation of international law, United States laws, state regulated law, or by common law, is prohibited. This includes, but is not limited to, materials protected by copyright, trademark, trade secrets, or other intellectual property rights. The Company's services may not be used to infringe upon any of these laws in any way.
The Subscriber shall not have the right to assign or subcontract any part of its obligations under this Agreement.
Engaging in illegal activities or engaging in activities harmful to the operations of The Company or its Subscribers. Providing false information on any contract, application, or billing details, and including credit card fraud.
The Terms of Service specifically prohibits the use of any of The Company's services for illegal activities. Therefore, the Subscriber agrees that The Company may disclose any and all Subscriber information including Internet Protocol Addresses, account history, account use, etc. to any court who sends us a valid court order, without further consent or notification to the Subscriber. In addition, The Company shall have the right to terminate all service set forth in this Agreement.
These Terms of Service and the relationship between the Subscriber the customer and The Company shall be governed by the laws of the State of California without regard to its possible conflict of law provisions. You the customer and The Company agree to submit to the personal and exclusive jurisdiction of the courts located within California.
The Subscriber agrees that The Company will be permitted to charge the Subscriber's credit card on a monthly, quarterly, semi-annual, annual, or other agreed upon basis. Services may be canceled at any time and will end immediately upon the next billing cycle. Accounts that are not collectible by The Company may be turned over to an outside collection agency to be collected. The Subscriber is aware that The Company may change the specified rates and charges from time to time without notice. The Company is not responsible for any additional bank fees, interest charges, finance charges, over-draft charges, or any other fees resulting from charges billed by The Company. Currency exchange rates will be based upon agreements between the Subscriber, the Subscriber's credit card provider, and the payment processor. Once a subscription has been subscribed to it can not be refunded, however the service may be cancelled. Service cancellations will take effect on the next billing cycle.
The Company provides a 99.9% uptime guarantee on all purchased services packages. In any given month, if the Subscriber's service is down for more than 0.1% within the month, the Subscriber may request a pro-rated credit from The Company for the downtime. The Subscriber forfeits their right to request a pro-rated credit from The Company upon the next applicable month.
The Company shall not be liable for any delay, interruption or failure in the performance of its obligations if caused by acts of God, war, declared or undeclared, fire, flood, storm, slide, earthquake, or other similar event beyond the control of the The Company (“Force Majeure”). If any such Force Majeure occurs, The Company shall promptly notify the Subscriber in a reasonable manner. The Company shall use commercially reasonable efforts to remedy issues caused by the Force Majeure. This provision shall not apply to or excuse a failure to make any payment to The Company when due.
The Company reserves the right to suspend any account or restrict network access from any Subscriber if, in the judgment of The Company that the Subscriber's service is the source or target of violation from any of the aforementioned terms. The Company will use reasonable care in notifying the Subscriber and in resolving the issue. The Company reserves the right to terminate any services without notice for violations of The Company's Terms of Service. If any nefarious activity is detected, all accounts of the Subscriber in question may be deactivated until an investigation is complete. Prior notification to the customer is not assured. In extreme cases, law enforcement may be contacted regarding the activity. The Subscriber will not be credited for the time the Subscriber's services were suspended. If at any time it becomes necessary for The Company to cancel the Subscriber's service without cause, The Company will try to provide advance notice before the next billing cycle in the case of such a situation. The Subscriber may cancel their services at any time by using the "Cancel Subscription" selection located in the Subscriber's control panel found on The Company's website. Account subscriptions are canceled immediately after confirmation and will no longer be billed unless reactivated. Full deactivation of a purchased service will occur on the next billing cycle.
The Company, provides technical support to Subscribers via an internet-based support system.
The Company provides support related to the Subscriber's service's functioning. The Company is not required to provide support for 3rd-party related products or services or products or services not directly purchased from the The Company.
The Subscriber acknowledges that the service provided by The Company is of such a nature that the service may be interrupted for many reasons other than the negligence of The Company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, the Subscriber agrees that The Company shall not be liable for any damages arising from such causes. The Subscriber acknowledges that The Company's liability for its own negligence may not in any event exceed an amount equivalent to the charges payable by Subscriber to The Company for the provided services. In no event shall The Company be liable for any special or consequential damages, loss, or injury. The Company is not responsible for any damages that the Subscriber may suffer. The Company does not make any implied or written warranties for any of its services besides those mentioned within this Agreement. This includes the loss of data, delays, non-deliveries, wrong delivery, and any and all possible service interruptions possibly caused by The Company.
The Subscriber agrees that the Subscriber's use of services provided by The Company shall be at the Subscriber's sole risk. All services provided by The Company are available as is.
The Company wishes to emphasize that in agreeing to the The Company's Terms of Service, the Subscriber indemnifies and holds harmless The Company, its officers, directors, and employees for any violation of the Terms of Service that results in a loss to the Subscriber or the bringing of any claim against The Company by any third-party. If The Company is sued because of the Subscriber, the Subscriber's activity, or a customer of the Subscriber, the Subscriber will pay any damages awarded against any third-party, plus all costs and reasonable attorney's fees.
The failure of The Company to exercise or enforce any right or provision of this Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the party's intentions as reflected in the provision, and that the other provisions in the Terms of Service will remain in full force and effect.
The Terms of Service (including any notices, policies, guidelines, or amendments that may be presented to the Subscriber from time to time) constitute the entire agreement between the Subscriber and The Company and govern the the Subscriber's use of The Company's services, superseding any prior agreements between the Subscriber and The Company for the use of The Company's services.