Rising Star Web Policy - Disclaimer

 



Usage/Terms of service:

RSW Hosting does not allow pornographic material. Hosting does not allow unsolicited email and requires opt-in list managers to include at least one single action method of unsubscribing in each email. We reserve the right to limit incoming or outgoing email at any time. RSW reserves the right to terminate your account at any time without a refund. Reasons for termination include (but are not limited to)

Customer Spamming Policy:

RSW has zero tolerance for spam originating from our customers, or from our customers' customers, or for spam advertising web sites of our customers or our customers' customers.

General Conduct:

Customers are prohibited from transmitting on or through any of RSW's services, any material that is, in RSW's sole discretion, unlawful, obscene, threatening, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.

RSW's services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. RSW reserves the right to remove such illegal material from its servers.

The customer is responsible for keeping his billing data with RSW up-to-date and accurate. Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability. The resale of RSW's products and services is not permitted, unless specifically permitted and documented in a written agreement.

Domain Name Dispute & Copyright Claims Policy:

RSW supports the protection of intellectual property. Therefore, we have established the following policies regarding copyright infringement claims.

Please refer to the Uniform Domain Name Dispute Resolution Policy (the "UDRP") if you have a concern or dispute concerning a domain name. The UDRP covers domain names disputes; this Policy specifically excludes domain name disputes.
Please see www.icann.org.

Data Backup:

While RSW maintains backups, this service is provided as a convenience only and RSW assumes no liability as to the availability or completeness of client data backups. Each customer is expected and encouraged to maintain backup copies of their own data. RSW will provide, upon request, one (1) data restore per twelve (12) calendar months free of charge. Additional data restores may be provided but are subject to additional service fees.
Please read our important informational letter regarding customer responsibility and
site file back-ups.

Server monitoring, Updates and Service Interruptions:

RSW's goal is always customer services first and in providing the best services for each of our customers and the clients in which they serve. RSW administrators monitor our servers 24 hours a day, 7 days a week, and 365 days a year. Tech support is available 24/7 via email at support@risingstarweb.com. We guarantee uptime 99.99% of the time however as with any other hosting services there are sometimes issues beyond our control however, RSW guarantees to keep you informed of any issues, and/or updates that may require service interruptions when applicable.

Web Development, IT & Programming:

RSW does not charge for development, IT and/or programming when the situation falls under RSW's responsibility. RSW cannot guarantee site programming will work properly if it is old and outdated (deprecated). It is RSW's policy to maintain quality standards offering the latest technology in server management. RSW offers free tech support up to the point where the support issue is caused by the customer. In these cases, RSW will bill at our normal hourly rate ($75.00 per hour). We will do our best to inform you, at the time of the technical support, if the service will be billable. If you build your own web site and you contact our web developers/programmers for support, you will be billed our normal hourly rate. We do not offer free programming support.

Hosting Services Usage:

Hosting services are broken down according to tiers; Basic, Premium and Corporate. Each tier details the amount of domains, bandwidth, disk space, and email accounts allowed under that tiers plan. At the point where either of the allotted amounts is exceeded, the customer will then be bumped to the next tier in service. Beginning the following month on the first (1) day, the customer will see an increase in their bill according to their usage. RSW hosting services offers each customer a personal User Control Panel. It is the customer’s responsibility to monitor their own usage via their personal Control Panel account.

Email Services Usage:

Email services are broken down according to tiers; Personal, Business and Corporate. Each tier details the amount of domains, bandwidth, disk space, and email accounts allowed under that tiers plan. At the point where either of the allotted amounts is exceeded, the customer will then be bumped to the next tier in service. Beginning the following on the first (1) day, the customer will see an increase in their bill according to their usage. RSW email services offers each email hosting customer a personal User Control Panel. It is the customer’s responsibility to monitor their own usage via the personal Control panel account.

DNS Services:

RSW does offer DNS services to each of our customers. For customers already under one of our email or hosting plans, addition domains, redirects, special DNS settings are priced at an additional $1.00 per month in addition to your normal hosting or email plan charges. For customers either not on a RSW hosting or email plan, DNS, redirects and/or special DNS settings are priced at $5.00 per month per domain name.

Domain management services:

RSW will manage your domain for you if you request we do so. RSW charges a one (1) time fee of $35.00 for domain registration and server set up. For parked domains (with no services) there is not charge to keep a domain under our management services. Domains are renewed at $25.00 there after each consecutive year or as long as the customer wishes to keep that domain. RSW will renew the domain name for the customer however, the customer is responsible for the costs of the domain each year. All domain renewals are run on the 1st of each month within their prospective calendar month. The customer will see a charge for the amount ($25.00). It is the customer’s responsibility to notify RSW of any plans to terminate the domain name renewal no less than 30 days prior to the 1st date of the month the domain name becomes due. In the event RSW is not notified, and the domain is then renewed, the customer is still responsible for the domains renewal price ($25.00).

Hosting and/or Email Account Transfer Charges:

There is no charge for cancellation however if an RSW agents assistance is required in order to transfer any services away, the appropriate time utilized to transfer the services will be assessed to the account. Any fees must be paid and any account balances cleared prior to any transfers. No exceptions allowed.

Domain Name Transfers:

Same Affiliate Registrar:

For domain names transferred within RSW's registrar, there is no charge for transferring a domain.

Other Registrars:

For domain names transferred outside of RSW's registrar, there is an automatic $35.00 transfer fee assessed. Any fees must be paid and any account balances cleared prior to transfers. No exceptions allowed.

Payment Plans:

RSW offers three (2) types of payment plans. Monthly, and yearly’s. There is a discount on yearly payment plans. Purchase a twelve (12) month hosting package from any one of our web hosting plans and receive one (1) month free. *scwn

Payment:

The initial term of this Agreement shall be as set forth in the Order Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew.

RSW offers the following options for payment of services; EFT (electronic funds transfer) or credit card processing. In order to service each customer RSW requires the customer fill out the appropriate forms and return either via US Mail service, scan and email, or under certain circumstances an RSW agent can take your account information over the phone. Payments for the upcoming month's services will be processed and accounts debited on the first (1) day of each month (or quarterly or yearly due date).

ADDITIONALLY AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE RSW TO AUTOMATICALLY BILL/CHARGE YOUR CREDIT CARD OR BY EFT FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN THIS SECTION.

The initial term and all successive renewal periods shall be referred to, collectively, as the "Term".

Termination/Cancellation Policy:

The cancellation policy applies to all hosting, email, DNS services and domain name management services.
Forms for cancellation or transfer of domain management services are available on the RSW website.
It is the customers responsibility to notify RSW of any plans to cancel services.
Cancellations must be made 30 days prior to renewal of services.
RSW requires the customer to fill out the appropriate forms and return that form to RSW. Cancellation forms can be found at (www.risingstarweb.com/forms).

You may either print the form, fill it out and return it to RSW's billing department address at: PO Box 80464 Billings, MT 59108 --- (Note: please allow for appropriate mailing time)
Or you may print the form, scan and return it to RSW via email to:
account-dept@risingstarweb.com.
Please remember that moving of site files, email accounts and domain names take time. Please allow no less than 7 to 10 days in which to transfer any services away from RSW servers.

Terminations Due to Non-Payment:

Customer payments not cleared by the fourth (4) of the month will receive an email notifying them that the amount did not clear. In this event, the customer must notify us either in writing via email or by calling a RSW agent, to update any credit card info or banking account info needed in order to clear the payment. If in the event RSW's billing center cannot process your payment by the seventh (7) day past due the account will go into suspension. Under suspension the customers services will be shut down however, any stored emails, site files, domain name, DNS will remain stored on our servers. If in the event and by the fifteenth (15) day RSW is still unable to clear the account balance all stored emails, site files, stored DNS, will be removed from RSW servers.

Reconnections:

If payments are cleared in a timely manner (see terminations due to non-payment) all services will be restored. No reconnection fees will be assessed.

Disclaimer:

RSW is not responsible for any damages your business may suffer.
RSW does not make implied or written warranties for any of our services.
RSW denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by RSW.
The Customer will not use its network nor space provided by RSW to violate any law. In the event Customer violates existing law, RSW shall have the right to terminate all service set forth in this agreement. In the event RSW is informed by government authorities of inappropriate or illegal use of RSW facilities or other networks accessed through RSW, RSW may terminate customer's service.
RSW will cooperate fully with investigations of violation of systems or network security at other sites.
RSW will cooperate with law enforcement authorities in the investigation of possible criminal violations. Customers who violate systems and/or network security, may incur in criminal or civil liability.
RSW reserves the right to amend its policies at any time. If you have any questions concerning the above stated terms and conditions then please Contact us.