Web Hosting Terms Of Service

The Service that is subject to the following agreement is provided by Rubicon Hosting., a service provided by CloudCom Technologies LLC company registered in the state of New Jersey, United States.

————————————————–

As a Customer of our Services, you need to be aware that, when signing up for an account with Rubicon Hosting, you accept and agree to abide by our Web Hosting Terms of Service (this document) and our Acceptable Use Policy (AUP). The Order Form completion of the Service represents the electronic signing of these two documents.

As a Customer of our Services, you understand and agree also that it is beyond the power of Rubicon Hosting to restrict any public access to the data that you position on our servers and guarantee the security of your files. In this respect, you accept that it is your obligation to protect all the information that you make available to the wide internet public through our web hosting network and assume all responsibility for unveiling online personal data that could be abused.

————————————————–

  1. Entire Agreement; Service Agreement
  2. Rubicon Hosting – Web Hosting Services
  3. Service Activation and Continuance Timescales
  4. Free Domain Name Promotion
  5. Service Expiration and Renewal
  6. Customer Responsibilities
  7. No Unlawful of Prohibited Use
  8. Copyright Violations
  9. E-Commerce Customer Websites
  10. HIPAA Compliance
  11. Third Party Dealings
  12. Third Party Websites
  13. Rubicon Hosting as Reseller or Licensor
  14. “Unlimited” Usage Policies And Definitions
  15. Cancellation, Refunds & Charge-backs
  16. News Releases
  17. Torturous Conduct
  18. Force Majeure Circumstances
  19. Service Provision; Warranties and Representations
  20. Service Discontinuance
  21. Prohibited Persons (Countries, Entities, And Individuals)
  22. Complaints Procedure
  23. Customer Service Contact Details
  24. Revisions
  25. Assignment
  26. Affiliates
  27. Termination
  1. ENTIRE AGREEMENT; SERVICE AGREEMENT
    These Web Hosting Terms of Service, together with our Acceptable Use Policy and the Domain Name Registration Agreement, constitute the whole act of convention between You – the Customer, and Rubicon Hosting. Rubicon Hosting shall provide its Services to You under the Terms and Conditions explicated in this Service Agreement. The Agreement is intended to clarify all aspects, rules and provisions of the business relationship between You – the Customer, and Rubicon Hosting. It is also intended to keep the integrity of this relationship and protect both parties from liability. This Service Agreement will be enforced, if/when necessary, in order to be guaranteed the speed, power, performance, and reliability of our services. These terms may be amended at any time by Rubicon Hosting to better suit the business needs.In the event that a court of competent jurisdiction declares any of the Agreement’s provisions invalid, unenforceable, or void, the remaining provisions will entirely preserve their validity. Customer’s side of the Agreement can be presented by any of the following parties: an individual over 18 years of age; a legal entity, such as a corporation, a limited liability company, etc. If a person represents the Customer, for some reason, he/or she must be legally authorized to act on his behalf, thus accepting, executing and delivering the Agreement.This agreement shall be interpreted in consistence with the laws of the State of Iowa, US, and shall serve to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns.
    back to top
  2. Rubicon Hosting HOSTING SERVICES
    A web hosting service is a type of Internet service that offers individuals and organizations/companies the resources to host their own web sites and store information, images, video, and other content accessible via the World Wide Web. A Storage Service Provider (SSP) is a company that provides computer storage space and related management services. SSPs offer also periodic backup and archiving. Rubicon Hosting offers only web hosting services, not data storage services. A web hosting service consists of the following:SERVICE FEATURES

    • Disk Space – You will be able to avail of all the storage quota that has been assigned to your particular account. Additional disk space may be available as an upgrade option. Payment is accepted only in advance per billing cycle. Contact sales for more information.
    • Traffic – Each hosting plan includes prepaid monthly traffic in Gigabytes. This traffic quota is shared between all sites hosted in a single account. In case that a hosting account exceeds its allowed traffic quota, it will be suspended until the beginning of next month when the quota will refresh automatically. Additional traffic may be available as an upgrade. Contact sales for more information.
    • Hosted Domains – Some of Rubicon Hosting’s hosting plans include addon domain hosting. Each hosting plan allows a particular number of domains that can be hosted. All plans allow for one primary domain.
    • Domain Registration/Transfer – available at regular or a discounted price (depending on the chosen TLD) with the purchasing of a web hosting account. Domain registrations are final and are not subject to refund. More information regarding domain names can be found further in this TOS (Terms of Service), in our Domain Name Registration Agreement and in the Domain Name Dispute Resolution Policy.
    • E-mail accounts – All hosting plans included unlimited email accounts. Optionally, Google Apps can be configured on any domain for no additional charge. This does require an existing Google Apps account, one will not be provided.
    • MySQL/PostgreSQL Database(s) – Unlimited MySQL databases are included in all web hosting plans. Unlimited PostgreSQL databases are also included at no additional charge.
    • Database Storage – Each hosting account has a limit of database storage. This storage is shared between all the databases in a single hosting account. Additional database storage may be available. Contact sales for pricing.
    • IP Address – Rubicon Hosting hosting accounts do not include IP addresses. Most of our servers support SNI which is a technology that allows for SSL to be installed on a shared IP. In the event you need an IP address for other reasons, you may be able to purchase one. Payment is accepted only in advance per billing cycle. Contact sales for more information.
    • SSH – Shell (SSH) access is available on demand. You may enabled SSH access after accepting the terms of service associated with SSH access. This is done in the Client Area on your Service Details page for your hosting account.
    • ID Protection – This service ensures that your private contact information will not be visible in the domain’s WHOIS details. Optional for all hosting plans, but available only with certain TLDs, supporting this option. This is a pay service. Payment is accepted only in advance per year. Contact sales for more information.

    Detailed information about all features included in our web hosting packages is available on our web hosting plan pages.

    SERVICE PAYMENT

    When signing up for an account with Rubicon Hosting, the Customer agrees to pay for the service term and abide by our Order Verification Policy. Our Sales Department will strictly scrutinize each account order and carefully processes each payment in order to ensure that no fraudulent user can take advantage of our web hosting system.
    Rubicon Hosting will charge customers with fees based on the fee structure of our web hosting system at the time of the sign-up process. Rubicon Hosting reserves the right to introduce price changes to the packages when needed. This means that the current price list at our web site may differ from the pricing of your web hosting account.

    Each customer of ours will be able to take advantage of the package he/she has purchased at the introductory price levels, and with one and the same set of features in the course of the whole contract period. Rubicon Hosting reserves the right to introduce certain changes to the packages (in the form of complementary services) to the benefit of the customers.

    SERVICE GUARANTEES

    Rubicon Hosting guarantees 99.7% network uptime and server stability. This, however, does not refer to problems stemming from:

    • Server Hardware Breakdown or Failure
    • User error(s) or purposeful interruption(s) of the user service (e.g. if the client shuts his/her own server down, Rubicon Hosting is not responsible for the downtime)
    • Failure due to software that is not explicitly supported by Rubicon Hosting. If a hardware crash provoked by the customer consequently occurs, Rubicon Hosting is beyond the control and responsibility for the resulting downtime.

    For more information, please read our Service Level Guarantees.
    back to top

  3. SERVICE ACTIVATION AND CONTINUANCE TIMESCALESERVICE ACTIVATIONFor newly signed up clients – the services are activated immediately after our fraud detection software approves the order and the payment clears (this is required due to the high fraud activity spreading online, and in order to be prevented fraudulent orders). The payment verification procedure is obligatory and if we fail to approve a transaction within 48 hours of the payment submission, the funds will be credited back to the payer and the order will be cancelled.For existing customers – the services for existing customers, including upgrade services and renewals, are activated immediately after our Sales Department receives the according service payment.

    CONTINUANCE TIMESCALES

    Shared Web Hosting Accounts – all newly-created shared hosting accounts with Rubicon Hosting are valid until cancelled. They can be regularly renewed for another term which is added to the official expiration date of the account. All account upgrades purchased from the Client Area are valid and are to be functional till the final expiration date of the respective web hosting account.

    Non-Payment – payment on all accounts is due by the listed due date. Any account that has an outstanding invoice for more than 7 days will be subject to a $10 late fee and suspension. The suspension date varies by product but all accounts are subject to suspension after 7 days of non payment.
    Domain Name Registration/Transfer – Rubicon Hosting offers for registration/transfer all TLDs (Top-Level Domains) displayed in the table below. The TLDs can be purchased either together with a shared hosting account (at regular or PROMOTIONAL price) or separately as an upgrade from the Client Area (all TLDs – at NON-PROMOTIONAL prices). The table below displays the minimum and maximum registration period, as well as the annual NON-PROMOTIONAL price of each TLD:

    TLD MIN/MAX PERIOD OF REGISTRATION @ MIN PERIOD PRICE
    .com 1-10 years @ $14.95 per year
    .net 1-10 years @ $14.95 per year
    .org 1-10 years @ $14.95 per year
    .info 1-10 years @ $14.95 per year
    .name 1-10 years @ $14.95 per year
    .biz 1-10 years @ $14.95 per year
    .us 1-10 years @ $14.95 per year
    .co.uk 2 years @ $24.95 per year
    .org.uk 2 years @ $24.95 per year
    .me.uk 2 years @ $24.95 per year
    .me 1-10 years @ $34.95 per year
    .ca 1-10 years @ $14.95 per year
    .eu 5 years @ $14.95 per year
    .mobi 1-10 years @ $34.95 per year
    .be 1 years @ $34.95 per year
    .co.nz 1 years @ $60.00 per year
    .net.nz 1 years @ $60.00 per year
    .org.nz 1-10 years @ $60.00 per year

    back to top

  4. FREE DOMAIN NAME PROMOTION
    Rubicon Hosting occasionally runs promotions offering FREE domain names to customers signing up for a new web hosting account. This special offer is valid only with our PROMOTIONAL TLDs. However, in case that the money-back guarantee option is used, the domain name must be paid in full at the listed retail price). The domain name owner will have access to a domain management account, and will be able to transfer the domain name to another registrar.

    back to top
  5. SERVICE EXPIRATION AND RENEWALHOSTING SERVICEThe hosting service is active for the term agreed upon at signup or upgrade. After the expiration of that period, the account will be automatically suspended and will remain suspended until the Customer renews it by paying its annual subscription fee. In case that the Customer does not renew his/her hosting account, it will remain BLOCKED. The account data will be kept for a period of one month, after that it will be permanently deleted.E-mail notifications regarding each account’s expiration are dispatched twice – 14 days and 7 days prior to the expiration date of the account. In order to receive the notifications, the Customer must provide a valid e-mail address. Rubicon Hosting ensures that the e-mails are sent and takes no responsibility for e-mails that are not delivered due to problems with the recipient’s e-mail address.DOMAIN NAMES

    Domain names are valid for the number of years of their registration (domain names can be registered for the period of 1 to 10 years, depending on their TLD – top-level domain name – extension). After an expiration of a domain name several stages follow regarding its renewal.

    • The domain name Redemption Grace Period (RGP) is a registry level period of up to 30 days after the domain name’s expiration date. During this period the domain name is kept on hold by the Registrar before it gets deleted. The domain registrant is allowed to retrieve the domain name from deletion, but this process costs additional redemption fee. This extra 30-day period extends the time available for renewing domain names. However, all domains that enter a redemption period are removed from the zone files (the list of domain names currently in the global DNS), therefore any web site or e-mail services associated with the domain name will stop working.
    • Extended Redemption Grace Period – the extended redemption grace period adds another 7 – 30 days to the domain name’s redemption period. During this period the domain name owner is allowed to retrieve the domain name from deletion by contacting the domain’s registrar.
    • After the redemption period of an expired domain name is finished, comes the Pending Delete Period – a registry level period of up to 5 days during which no one is allowed to renew the domain name and it cannot be newly registered because it’s still not returned to the public pool of domain names.
    • Released by Registry Period – the domain name is sent back into the public pool of domain names and is newly available for registration.

    Customers are advised to renew their domain registrations before their domain names are placed into redemption. When a domain name transits in redemption period, we are not able any more to prevent its zone files from being removed from the DNS system, and the customer’s web site and any associated services will stop working.

    During a domain name’s redemption period, we can assist the customer in retrieving his/her domain name from deletion only if the domain name was registered with us. The customer will need to pay a REDEMPTION FEE of $270.00 USD for the domain registration renewal (the redemption fee is imposed by our Registrar). If the domain name was registered with another registrar, the customer needs to contact that registrar for more information regarding its retrieving.

    back to top

  6. CUSTOMER RESPONSIBILITIES
    ACCOUNT REGISTRATION AND MANAGEMENTIn consideration of their use of the Service, customers agree to:

    • Provide true, accurate, current and complete information about themselves as prompted by the registration form of the Service. Maintain and promptly update their registration datato keep it true, accurate, current and complete. If the customer provides any information that is untrue, inaccurate, not current or incomplete, or Rubicon Hosting has reasonable grounds (at its sole discretion) to suspect that such information is untrue, inaccurate, not current or incomplete, Rubicon Hosting has the right to suspend or terminate the customer’s account and refuse any and all current or future use of the Service (or any portion thereof).
    • When introducing any changes to their contact details, customers are obliged to notify Rubicon Hosting in the course of 10 business days after the changes become valid. The introduction of changes should be done online through the customers’ Client Area, not via e-mail. This requirement is also in force for Rubicon Hosting, i.e. customers will be always aware of any contact information changes that the company places within its website. This way, flawless communication between both sides is guaranteed.
    • Customers will receive a password and account designation upon completing of the registration process of the Service. Customers are responsible for keeping the confidentiality of their passwords and accounts, and are fully responsible for all activities that occur under that password or account. Customers agree to: a) immediately notify Rubicon Hosting about any unauthorized use of their password or account or any other breach of security; b) ensure that they safely exit (log out from) their account at the end of each session. Rubicon Hosting cannot and will not be liable for any loss or damage of account information arising from Customer’s failure to comply with this provision.
    • If a hosting account is registered with details different than those of the person who paid for the account, and in the case of any dispute, Rubicon Hosting will take the side of the person who paid for the account and shall not provide access to any other person, since – a hosting account owner is and will be considered to be the credit card /PayPal account holder.
    • If the hosting account owner deceased prior to the expiration of his/her account Rubicon Hosting will require death certificate or any other legal document that can provide an official evidence for that fact. Those who supply that information will be held legally responsible if the information is false or incorrect. Once such documents are obtained, Rubicon Hosting will be the sole arbiter in assessing whether the documents are authentic or not. A record of the obtained documents will be kept until the expiration of the hosting account.
    • Customers are 100% responsible for backing up their data. Rubicon Hosting makes this easy by providing a packaged backup daily or every other day. The customer may download this backup for safe keeping as often as necessary.

    ACCOUNT USAGE

    • CPU usage (or usage of the Central Processing Unit(s) of the web server the customer’s account is hosted on) – The CPU usage is subject to some regulations. Each hosting account can use up to 10% of the CPU power for no longer than 180 seconds at any given time, and/or the percentage given per 24 hours in the features configuration of the Customer’s plan.Rubicon Hosting strongly recommends that customers be very judicious when using the CPU power for their accounts. We reserve the right to block files or scripts that excessively use CPU. We may suspend also the Customer account in the case of registered impact on other accounts on the server or disturbance caused to its functioning. If we do block or suspend an account, then its owner will be notified of the situation and given an explanation, and/or offered to upgrade to a dedicated or a semi-dedicated web hosting solution
    • Email Usage / Zero Tolerance Spam Policy – We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists”, purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Please read http://rubiconhosting.com/terms/email-policy for our generalized mail policy. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. Rubicon Hosting reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. Rubicon Hosting reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Rubicon Hosting.
    • Inode Limit – An inode is a data structure used to keep information about a file on your hosting account. The number of inodes indicates the number of files and folders you have. This includes everything on your account, emails, files, folders, anything you store on the server.
      There is currently an limit of 100k/250k inodes on our shared accounts.
    • Disk Space & Traffic – Rubicon Hosting offers generous amounts of disk space and network bandwidth. Customers must not allow other websites or hosting servers to link to files stored in their hosting accounts, and thus steal network traffic. In order to escape unjust distribution of the resources, as well as possible sharing of illegal content, Customers are not allowed to use their hosting accounts as a remote storage server only or solely for the purpose of sharing (un)archived images, programs or sound files. At least 80% of all files and/or total megabytes used (including MP3, WAV, RA, GIF, JPG, ZIP, RAR, but not limited to these file types) in each hosting account must be a part of actual, active website content, i.e. all content files must have corresponding HTML or PHP files that link to them. Furthermore, these files may amount to no more than 50% of the customer’s total monthly traffic usage. Upon request, each Customer must be able to prove that a given file is a constituent part of an actual page and not only stored on the server within 24 hours of the request.Accounts with no limit on bandwidth or disk space are still limited by Inode usage. Shared and Reseller servers only allow 100,000 files per cPanel. This is a “Soft limit” meaning that while the limit is reached, you will still be able to upload files. However once the account passes the 100,000 file threshold it will no longer be included in our weekly backups. Additionally, if the account happens to exceed 250,000 files then it will be in violation of our Terms of Service and can result in possible suspension.
    • MySQL usage – each database hosted in our system can be used only by the user who created it. Another user, whose account is hosted on the same or on another server, cannot use the database created in the first-mentioned customer account. The MySQL database has a limit of 45,000 queries per hour. If you have reached 45,000 queries per a given hour, you will not be able to make any more queries. In the next hour you will have access to the database again and the counter will be reset. You can make a maximum of 15 simultaneous connections to a MySQL database.
    • Access and error logs – The access and error logs for all client’s hosts in one account should not exceed 500 MB in total.

    SERVER USAGE & HOSTED CONTENT

    • Server content MUST comply with the parameters stated in this TOS and our AUP (Acceptable Use Policy). Web content requirements exclude the publication of illegal content or content considered inappropriate otherwise. If any of Rubicon Hosting Services are used for the illegal purpose of SPAM or UCE, then they will be terminated instantaneously. Rubicon Hosting expressly bans the use of any Rubicon Hosting hardware or software hosted on a Rubicon Hosting server for trying to illegally access another hosted machine or network. For more detailed information regarding all prohibited uses of our server network, please closely review next chapter of these Terms and our AUP (Acceptable Use Policy). If you still have inquiries over the matter, feel free to contact a Rubicon Hosting Service representative.
    • Using Rubicon Hosting temporary URL – mylha.com – is not defined as a bandwidth stealing. However customers should not rely on Rubicon Hosting temporary URL – mylha.com – as a basic URL. Traffic processing there is not recommendable. Rubicon Hosting cannot and will not be held responsible for changing it afterwards. Customers are advised to use it temporarily and redirect their traffic to their own domains.

    back to top

  7. NO UNLAWFUL OR PROHIBITED USE
    All services provided by Rubicon Hosting may only be used for lawful purposes. The laws of the State of Iowa, the State of Florida, and the United States of America apply.The customer agrees to indemnify and hold harmless Rubicon Hosting from any claims resulting from the use of our services.Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@rubiconhosting.com with the information required. If the request is of a licensing issue, we may require further documentation.Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.

    Examples of unacceptable material on all Shared and Reseller servers include:

    • Topsites
    • IRC Scripts/Bots
    • Proxy Scripts/Anonymizers
    • Pirated Software/Warez
    • Image Hosting Scripts (similar to Photobucket or Tinypic)
    • AutoSurf/PTC/PTS/PPC sites
    • IP Scanners
    • Bruteforce Programs/Scripts/Applications
    • Mail Bombers/Spam Scripts
    • Banner-Ad services (commercial banner ad rotation)
    • File Dump/Mirror Scripts (similar to rapidshare)
    • Commercial Audio Streaming (more than one or two streams)
    • Escrow/Bank Debentures
    • High-Yield Interest Programs (HYIP) or Related Sites
    • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
    • Sale of any controlled substance without prior proof of appropriate permit(s)
    • Prime Banks Programs
    • Lottery/Gambling Sites
    • MUDs/RPGs/PBBGs
    • Hacker focused sites/archives/programs
    • Sites promoting illegal activities
    • Forums and/or websites that distribute or link to warez/pirated/illegal content
    • Bank Debentures/Bank Debenture Trading Programs
    • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
    • Push button mail scripts
    • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
    • Tell A Friend Scripts
    • Anonymous or Bulk SMS Gateways
    • Bitcoin Miners
    • PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate progams, etc)

    Examples of unacceptable material on all Dedicated servers and VPS servers include:

    • IRCD (irc servers)
    • IRC Scripts/Bots
    • Pirated Software/Warez
    • IP Scanners
    • Bruteforce Programs/Scripts/Applications
    • Mail Bombers/spam Scripts
    • Escrow
    • High-Yield Interest Programs (HYIP) or Related Sites
    • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
    • Sale of any controlled substance without prior proof of appropriate permit(s)
    • Prime Banks Programs
    • Lottery/Gambling Sites
    • Hacker focused sites/archives/programs
    • Sites promoting illegal activities
    • Forums and/or websites that distribute or link to warez/pirated/illegal content
    • Bank Debentures/Bank Debenture Trading Programs
    • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
    • Mailer Pro
    • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

    Rubicon Hosting services, including all related equipment, networks and network devices are provided only for authorized customer use. Rubicon Hosting systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Rubicon Hosting system(s) constitutes consent to monitoring for these purposes.

    Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Rubicon Hosting may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

    We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

    Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.

    Sites hosted on Rubicon Hosting.com’s service(s) are regulated only by U.S. law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. Rubicon Hosting.com is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a US Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.

    The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like Rubicon Hosting.com and many of Rubicon Hosting.com’s other webhosting services and brands are republishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, Rubicon Hosting.com should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under Rubicon Hosting.com’s webhosting service(s).

    If in doubt regarding the acceptability of your site or service, please contact us at abuse@rubiconHosting.com and we will be happy to assist you.

    Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

    Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

    Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

    Direct customers: Your services will be terminated with or without notice.

    Violations will be reported to the appropriate law enforcement agency.

    It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

    back to top

  8. COPYRIGHT VIOLATIONS
    Rubicon Hosting will respond to all reports of infringement that are formatted in accordance with the Digital Millennium Copyright Act and any other applicable copyright laws. Notices of infringement that do not comply with this act will not be processed. We will act in accordance with the DMCA when handling infringement reports.back to top
  9. E-COMMERCE CUSTOMER WEBSITES
    When buying an allocated space on Rubicon Hosting servers for the purpose of creating online stores or related e-commerce activities websites, customers agree to be fully responsible for the development, operation and maintenance of their web sites, online stores and e-commerce activities within that websites. The Customer is the only one in charge of approving, processing and filling clients’ orders and taking care of clients’ requests or complaints. The Customer is also the only one in charge of the payment or satisfaction of any and all taxes related to his/her web site and online store. The Customer bears the responsibility for ensuring the security and confidentiality of any customer data (including, without limitation, customer credit card numbers) that he/she may receive in connection with his/her web site or online store. Each customer is in charge of all products and services, as well as all contents and materials appearing online on his/her e-commerce website, including:

    • the accuracy and relevance of Customer Content, and content and material showcased in the Customer store or on its products;
    • certainty that the Customer Content and content and materials appearing in the Customer store or on its products do not violate or infringe upon the rights of any person;
    • certainty that the Customer Content and the content and materials appearing in the Customer store or on its products are not calamitous or somehow illegal.

    Each Customer guarantees to Rubicon Hosting that he/she owns the right to use the Customer Content and its material, including all text, graphics, sound, music, video, programming, scripts and applets. Each Customer warrants to Rubicon Hosting that the use, reproduction, propagation and transmission of the Customer Content and any information and materials contained inside do not, and will not:

    • infringe or abuse any copyright, patent, trademark, trade secret or any other proprietary right of a third party;
    • break any criminal law or manifest false advertising, unfair competition, vilification, privacy intrusion; violate a right of publicity or violate any other law or regulation.

    Each Customer empowers Rubicon Hosting to reproduce, copy, use and propagate all and any part of the Customer Content for ensuring and operating the Services. Rubicon Hosting is granted the right to estimate, at its own discretion, the extent to which these operations need to be carried out.

    back to top

  10. HIPAA Disclaimer We are not “HIPAA compliant.Users are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. Users acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Rubicon Hosting.com does not control or monitor the information or data you store on, or transmit through, our Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” under HIPAA are expressly prohibited from using this Service for such purposes. Storing and permitting access to “protected health information,” as defined under HIPAA is a material violation of this Terms of Service, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that Rubicon Hosting is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact sales@rubiconhosting.com
    back to top
  11. THIRD PARTY DEALINGS
    Rubicon Hosting may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing. Rubicon Hosting does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. Rubicon Hosting is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
    back to top
  12. THIRD PARTY WEBSITES
    The Services may contain links to other websites that are not owned or controlled by Rubicon Hosting (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.
    back to top
  13. RUBICON HOSTING AS RESELLER OR LICENSOR
    Rubicon Hosting may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services (“Non-Rubicon Hosting Products”). Rubicon Hosting shall not be responsible for any changes in the Services that cause any Non-Rubicon Hosting Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-Rubicon Hosting Products, either sold, licensed or provided by Rubicon Hosting to you will not be deemed a breach of Rubicon Hosting’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-Rubicon Hosting Product are limited to those rights extended to you by the manufacturer of such Non-Rubicon Hosting Product. You are entitled to use any Non-Rubicon Hosting Product supplied by Rubicon Hosting only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-Rubicon Hosting Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-Rubicon Hosting Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
    back to top
  14. “UNLIMITED” USAGE POLICIES AND DEFINITIONS
    • What “Unlimited” means. Rubicon Hosting does not set an arbitrary limit or cap on the amount of resources a single Subscriber can use. In good faith and subject to these Terms, Rubicon Hosting makes every commercially reasonable effort to provide its Subscribers with all the storage and bandwidth resources needed to power their web sites successfully, as long as the Subscriber’s use of the service complies with these Terms. By not setting limits on key resources, we are able to provide simple, consistent pricing to our Subscribers as they grow their websites. As a result, a typical website may experience periods of great popularity and resulting increased storage without experiencing any associated increase in hosting charges.
    • What “Unlimited” DOES NOT mean. Rubicon Hosting employs complex mechanisms to protect its Subscribers and systems from abuse. Rubicon Hosting’s offering of “unlimited” services is not intended to allow the actions of a single or few Subscribers to unfairly or adversely impact the experience of other Subscribers.
      Rubicon Hosting’s service is a shared hosting service, which means that multiple Subscriber web sites are hosted from the same server and share server resources. Rubicon Hosting’s service is designed to meet the typical needs of small business and home business website Subscribers in the United States. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server.
      Rubicon Hosting will make every commercially reasonable effort to provide additional resources to Subscribers who are using their website(s) consistent with these Terms, including moving Subscribers to newer and bigger shared servers as necessary. However, in order to ensure a consistent and quality experience for all Subscribers, Rubicon Hosting does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until Rubicon Hosting can evaluate said sites resource needs.
    • Unlimited Hosting Space; excessive MySQL files. Rubicon Hosting does not set arbitrary limits on the amount of disk space a Subscriber can use for the Subscriber’s website, nor does Rubicon Hosting charge additional fees based on an increased amount of storage used, provided the Subscriber’s use of storage complies with these Terms. Please note, however, that the Rubicon Hosting service is designed to host websites. Rubicon Hosting does NOT provide unlimited space for online storage, backups, or archiving of electronic files, documents, log files, etc., and any such prohibited use of the Services will result in the termination of Subscriber’s account, with or without notice. Accounts with a large number of files (inode count in excess of 250,000) can have an adverse affect on server performance. Similarly, accounts with an excessive number of MySQL/PostgreSQL tables (i.e., in excess of 1000 database tables) or of database size (i.e., in excess of 3GB total MySQL/PostgreSQL usage or 2GB MySQL/PostgreSQL usage in a single database) negatively affect the performance of the server. Rubicon Hosting may request that the number of files/inodes, database tables, or total database usage be reduced to ensure proper performance or may terminate the Subscriber’s account, with or without notice.
    • Unlimited File Transfer. Rubicon Hosting does not set arbitrary limits on the amount of visitor traffic a web site can receive or on the amount of content a Subscriber can upload to his/her/its website in a given month, nor does Rubicon Hosting charge additional fees based on increased use of bandwidth, as long as the Subscriber’s use of the Services complies with these Terms. In most cases, a Subscriber’s web site will be able to support as much traffic as the Subscriber can legitimately acquire. However, Rubicon Hosting reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other Subscribers.
    • Unlimited Domain Hosting.Rubicon Hosting does not set arbitrary limits on the number of domain names a Subscriber can associate with the Subscriber’s web hosting account.

    back to top

  15. CANCELLATION, REFUNDS & MONEY-BACK GUARANTEE; CHARGEBACKSRubicon Hosting accounts are set up on a prepay basis. Rubicon Hosting customers may decide to cancel their accounts at any time, however they will get a full refund of the service only if the cancellation request is made within 30 days of purchasing of the account, according to ourMoney Back Guarantee Policy. Also, the request for refund must be made within 14 days of the cancellation request.To cancel an account, the Customer needs to login to the Client Area and submit a cancellation request by following these procedures. Other forms of cancellation requests will not be accepted. Any incentives (free bonuses, etc.) offered to the Customer upon sign-up will be also cancelled.Domain name registrations/transfers, service upgrades and web hosting plan renewals are treated as non-refundable services (see below) and cannot be cancelled or refunded after being activated upon customer request. The Customer will have the opportunity to transfer his/her domain away to another host.

    Late cancellations, as well as accounts cancelled by Rubicon Hosting due to TOS violations (where the customer has decided not to fix the violation) do not qualify for the 45-day money back guarantee.

    All credit requests for VISA, MasterCard, American Express and Discover Card payments are processed within 48 hours of the submission of the refund request (by e-mail or ticket, as mentioned above). The funds will be credited back to the Customer’s credit/debit card and affect the Customer’s credit/debit card balance in accordance with the credit/debit card issuer’s terms of service.

    All credit requests for PayPal payments are processed within 48 hours of the submission of the refund request (by e-mail or ticket, as mentioned above). The funds will be credited back to the Customer’s PayPal account and affect the Customer’s PayPal balance in accordance with the PayPal’s terms of service.

    MONEY BACK GUARANTEE POLICY

    Rubicon Hosting offers a 45-day money back guarantee. If, for any reason, you are dissatisfied with our hosting services, we will refund your hosting fees at any time during the first 45 days after the signup date of your hosting account. You can submit a refund request in a support ticket from your Client Area and receive full refund for any hosting plan you have purchased from us within 45 days of the payment date of the account. The request for refund must be made within 14 days of the cancellation request or it will be forfeit.

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

    NON-REFUNDABLE SERVICES

    All service upgrades, addon products and plan renewal services purchased from the Client Area. All single-year or multi-year domain registration or transfer services purchased at sign-up or from the Client Area. Reseller Hosting, Virtual Servers and Shoutcast hosting are also exempt from the 45-day money back guarantee.

    All domain registrations and domain transfers are final, do not include any money-back guarantee and will be subject to a fee that is calculated on the basis of the actual NON-PROMOTIONAL annual price of the purchased domain’s TLD, multiplied by the number of years of registration or transfer. Any refund amount credited back to the Customer in accordance with our 45-day money back guarantee will not include the cost of the non-refundable services (if any) that have been purchased with the Customer’s web hosting plan upon sign-up (i.e. the Customer will be issued a partial refund on the original transaction if he/she has purchased non-refundable services within the web hosting account). A table containing the annual NON-PROMOTIONAL prices of all domain names offered by Rubicon Hosting is located in section 3 of this legal document.

    CHARGEBACKS

    Chargebacks are not considered as a way of refunding. Any Customer who initiates a credit card chargeback in response to a bill or order placed with Rubicon Hosting will be subject to full investigation and a $35 fee. Chargeback processing costs time and money, it is much easier and cheaper to work out billing issues with our billing team.

    When signing up for a web hosting account with Rubicon Hosting, customers agree to the conditions explicated in our Acceptable Use Policy (AUP) and the Web Hosting Terms of Service (this document). Thus, Rubicon Hosting, as well as our authorized retailers (PayPal, Google Checkout, CDG Commerce (Quantum Gateway)), will resort to these documents as an evidence for the Customer’s agreement, especially in the event that a Customer sends a chargeback inquiry based on points that he/or she first accepted, but is trying now to refute.

    If/When a chargeback report is received, the first step of our Rubicon Hosting team will be to try to contact the user. Meanwhile, the user account will be suspended (in order to protect our system from fraudulent activity and misuse) and will remain suspended until the reasons for the chargeback have been clarified and decision has been taken for according action.

    If the chargeback has occurred due to some misunderstanding, a reverse payment procedure will be initiated with our authorized retailers and the account will be re-activated.

    If the user has sent a chargeback request based on groundless argumentation (to our own judgment and these Web Hosting Terms of Service), then a dispute will be started with our authorized retailers in which the Web Hosting Terms of Service (this document) and the Acceptable Use Policy of Rubicon Hosting will serve as proof of the Customer’s agreement. The retailers then, taking into consideration all provisions in these legal documents, will decide whether the Customer has had sufficient grounds for the chargeback or Rubicon Hosting has the right to a reverse payment.

    In case that the chargeback originates from a fraudulent user and no reverse payment procedure can be initiated, then the respective hosting account will remain suspended.

    back to top

  16. NEWS RELEASES
    Certain sections of Rubicon Hosting news releases may contain forward-looking statements projecting future events, such as new software installations, updates, promotions, hosting introductions, etc. It is possible that these statements may deviate from the actual circumstances, since they are treated as intentions and express expectations and approximate plans of action regarding the relevant forthcoming events.Forward Looking Statements can be recognized by the availability of indicative words such as “believes”,”anticipates”, “plans”, “may”, “hopes”, “can”, “will”, “expects”, “is designed to”, “with the intent”, “potential”, etc. However, their availability is not a prerequisite for a forward-looking statement to be treated as such.
  17. TORTUROUS CONDUCT
    Any way of indecent treatment towards a Rubicon Hosting employee will be considered as totally inappropriate and unacceptable. Each Customer is expected to communicate in an utterly polite and professional manner with Rubicon Hosting employees regarding any request for help or consultation, or any other reason for contacting our Rubicon Hosting team via e-mail, chat or through the Support Ticket System. Each Customer is expected to avoid any form of emotional outburst or inappropriate language, or any other attempt to be undermined the importance of good ethics in communication and human relations. Any act of close nature, or other type of offensive, abusive, disrespectful or condescending behavior – oral, written, or delivered by a second party – to members of Rubicon Hosting customer care staff will be interpreted as a breach of this TOS. Rubicon Hosting reserves the right to assess at its sole discretion which behavior is to be considered as a violation of the hereby stated rule and agreement, and to undertake according actions, including refuse refunds to users whose accounts have been suspended for violating this TOS provision.
    back to top
  18. FORCE MAJEURE CIRCUMSTANCES
    Rubicon Hosting CANNOT and WILL NOT be liable for any failure or delay in doing its professional duties resulting from circumstances beyond its physical control. Such circumstances may represent acts of any governmental body, war, rebellion, sabotage, embargo, fire, flood, strike or other labor disturbances, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware, or inability to obtain raw materials, supplies or power used in or equipment needed for provisioning of the Services.
    back to top
  19. SERVICE PROVISION; WARRANTIES AND REPRESENTATIONS
    You understand and agree that the Service is provided on an ‘AS-IS’ basis without warranties or representations for its offering. The company bears no responsibility for connection problems in cases when customer’s hosting with Rubicon Hosting confronts with service interruption issues. Rubicon Hosting assumes no liability for any service failure, or failure to deliver or store any Customer communication or personalization settings.Backups and Data Loss
    Your use of this service is at your sole risk. Our backup service runs as frequently as every other day, overwrites any of our previous backups made, and only the last backup is retained. This service is provided to you as a courtesy. Rubicon Hosting is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Rubicon Hosting servers.
    back to top
  20. SERVICE DISCONTINUANCE
    Rubicon Hosting reserves the right to discontinue the delivering of the services and terminate this agreement for a certain period of time or indefinitely, with a prior notice. If the reason for this is Customer’s failure to observe these Web Hosting Terms of Service and/or our Acceptable Use Policy, no refund will be issued to the customer for the unused period of his/her annual subscription with Rubicon Hosting. If the Customer has not violated any part of these Web Hosting Terms of Service, the Acceptable Use Police and/or any other related documents (Customer agreements) mentioned hereby – the Customer will receive partial refund covering the period of his/her web hosting subscription with Rubicon Hosting that has not been used.
    back to top
  21. PROHIBITED PERSONS (COUNTRIES, ENTITIES, AND INDIVIDUALS)
    The U.S. Department of the Treasury, through the Office of Foreign Assets Control (“OFAC”), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a “Sanctioned Country”) and certain individuals, organizations or entities, including without limitation, certain “Specially Designated Nationals” (“SDN”) listed by OFAC. If you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services. Unless otherwise provided with explicit permission, Rubicon Hosting also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any Sanctioned Country.
    back to top
  22. COMPLAINTS PROCEDURE
    Rubicon Hosting is dedicated to providing the highest levels of customer service round the clock. If you feel dissatisfied with any aspect of our service, you are encouraged to make use of our complaints procedure detailed below.In order to file a complaint, please send us an email to support@rubiconhosting.com, specifying the nature of the problem you are experiencing. Please, provide us with as many details about your particular case as possible. The more we know about the situation, the better, prompt and adequate our resolution will be.Here are our steps of addressing every single complaint:

    1. Rubicon Hosting will confirm receipt of your complaint in writing, notifying you that the complaint will be addressed without delay. Rubicon Hosting reserves the right to refuse to investigate complaints which are apparently frivolous, abusive or offensive.
    2. Rubicon Hosting customer care representative will review your situation, search for an appropriate solution and inform you of the time frame within which a response should be expected.
    3. If the Rubicon Hosting Customer Care representative is not able to resolve your case within the pre-announced period, your complaint will be escalated to a Customer Care manager.
    4. If the Rubicon Hosting Customer Care manager also can’t provide you with an appropriate solution, then your complaint will be forwarded to the Company Director, who will further investigate the situation and ensure that all necessary measures have been taken. The Company Director will respond in writing within two working days, and reply with a solution within five working days.

    back to top

  23. CUSTOMER SERVICE CONTACT DETAILS
    Customers can get in touch with our Customer Service via any of the contact options listed below:

    1. E-mail us using our Contact Us form
    2. Send us an email to sales@rubiconhosting.com
    3. Use our Live Chat
    4. Open a trouble ticket from the Client Area.
    5. Send us a Letter to:Rubicon Hosting
      PO Box 3702
      Des Moines, Iowa 50323-3702
      United States

    back to top

  24. REVISIONS
    In order to improve its web hosting and customer care services, Rubicon Hosting reserves the right to revise these terms and conditions at any time without prior notice. Customers are encouraged therefore to review this document periodically.
    back to top
  25. ASSIGNMENT
    Customers do not have the right to assign this Agreement without the explicit permission of Rubicon Hosting. This Agreement shall be in force and effect to the total benefit of the Customer and Rubicon Hosting, and their successors and permitted assigns.
  26. AFFILIATES
    Rubicon Hosting provides an Affiliate Payout system to our customers for the purpose of earning commissions on referring new customers to use our hosting. The following terms apply to all Affiliates:

    • All Affiliate Payouts are at the discretion of Rubicon Hosting and may be adjusted or modified as deemed necessary.
    • Affiliate Payouts may require additional processing of up to 6-8 weeks for various reasons
    • Rubicon Hosting is not responsible for incorrect accounting of affiliate signups and commission earnings
    • Rubicon Hosting reserves the right to terminate an affiliate’s account or modify an affiliate’s balance at any time
    • The Affiliate payout system is not guaranteed, it is an incentive service that may be cancelled at any time with or without notice.
    • Affiliate payouts are only valid for qualified accounts that are in good standing and without any unresolved account issues.
  27. TERMINATION
    You agree that Rubicon Hosting, at its sole discretion, may terminate your password, account or use of the Service(or any part thereof), and remove and discard any Content within the Service if you violate this Agreement.