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 this Terms of Service. "The Company" reserves the right to modify this Terms of Service without notice.
"The Company" agrees to supply the services in accordance with the terms of this Agreement. The Subscribers agrees to receive the services from "The Company" in accordance with the terms of this Agreement.
You may subscribe to or use "The Company's" services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of the United States or other jurisdictions. You are responsible for keeping the confidentiality of your account information and for all activities that may occur under your account. You are solely responsible for all content owned within your account. You agree to immediately notify "The Company" of any unauthorized use of your 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 us with accurate information or by failing to keep your account secure.
The terms of this Agreement shall commence the day the Subscribers purchases or connects to "The Company's" services, whichever is first, and shall continue thereafter until use of "The Company's" services ends.
You 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 your account while using "The Company's" services by any users are your responsibilities. Accounts caught engaging in nefarious activities may be suspended or canceled without a refund. "The Company's" servers are meant to be used for its marketed services. Any other use of "The Company's" services may result in account suspension.
You agree 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.
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 another Subscribers or "The Company's" network done in malice. "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.
Engaging in illegal activities or activities with malicious intent to harm the operations of "The Company" or its Subscribers including credit card fraud.
You agree that "The Company" will be permitted to charge your credit card on a monthly, annual, or other agreed upon basis. Services may be canceled at any time and will end immediately on 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 Subscribers is aware that "The Company" may change the specified rates and charges from time to time. "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 on agreements between you and your credit card provider. Once a subscription has been subscribed to it can only be refunded at the "The Company's" discretion. A service may be canceled by The Subscribers at any time. Service cancellations will take effect on the next billing cycle without any additional charge.
"The Company" provides a 99.9% uptime satisfaction on all purchased services packages. In any given month, if your service is down for more than 0.1%, you may request a pro-rated credit from us for the downtime inconvenience.
"The Company", provides technical support to our Subscribers via our support ticket system.
"The Company" provides support related to your service's functioning. "The Company" is not required to provide 3rd-party related support with your use of "The Company's" services.
"The Company" reserves the right to suspend any account or restrict network access from any Subscribers if, in the judgment of "The Company" and its network administrators, the Subscriber's server is the source or target of violation from any of the aforementioned terms. "The Company" will use reasonable care in notifying the customer and in resolving the problem with a method resulting in the least amount of service interference. "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 Subscribers in question may be deactivated until an investigation is complete. Prior notification to the customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The Subscribers will not be credited for the time the customer's machines were suspended. If at any time it becomes necessary for "The Company" to cancel a customer's service without cause, "The Company" will provide advance notice before the next billing cycle of such a situation. The Subscribers may cancel "The Company's" services at any time by using the "Cancel Subscription" selection located in the Subscriber's account’s control panel. Account subscriptions are canceled immediately after confirmation. Full deactivation of purchased subscribed services will occur on the next billing cycle.
If "The Company" assigns a Subscribers 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 Subscribers 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.
The Subscribers acknowledges that the service provided is of such a nature that the service can 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 Subscribers agrees that "The Company" shall not be liable for any damages arising from such causes beyond the direct and exclusive control of "The Company". The Subscribers further acknowledges that "The Company's" liability for its own negligence may not in any event exceed an amount equivalent to the charges payable by Subscribers for services during the period damages occurred. 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 your business may suffer. "The Company" does not make any implied or written warranties for any of our services. This includes the loss of data resulting from delays, non-deliveries, wrong delivery, and any and all possible service interruptions caused by "The Company".
The Terms of Service specifically prohibits the use of any of "The Company's" services for illegal activities. Therefore, the Subscribers agrees that "The Company" may disclose any and all Subscribers information including assigned IP numbers, 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.
You agree that your use of services provided by "The Company" shall be at your sole risk. All services provided by "The Company" are available as is, without warranty.
"The Company" wishes to emphasize that in agreeing to the "The Company's" Terms of Service, the customer indemnifies and hold harmless "The Company", its officers, directors and employees for any violation of the Terms of Service that results in a loss to the Subscribers or the bringing of any claim against "The Company" by any third-party. If "The Company" is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against any third-party, plus all costs and reasonable attorney's fees.
These Terms of Service and the relationship between you 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 the county of Los Angeles, California.
The failure of "The Company" to exercise or enforce any right or provision of the 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 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 Force Majeure occurs, "The Company" shall promptly notify the Subscribers in a reasonable manner. "The Company" shall use commercially reasonable efforts to eliminate or remedy the Force Majeure. This Provision shall not apply to or excuse a failure to make any payment to "The Company" when due.
The Subscribers shall not have the right to assign or subcontract any part of its obligations under this Agreement.
The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and "The Company" and govern your use of "The Company's" services, superseding any prior agreements between you and "The Company" for the use of "The Company's" services.