When using the Service provided by rayaneHost.com, defined below in Section 1.1, you agree to be
bound by all of the following terms (the "Terms of Service") within this Agreement.
rayaneHost.com is a registered domain of rayaneHost. and act as one of hosting providers of
rayaneHost
rayaneHost.com reserves the right to alter, amend or modify any provision of this Terms of Service
Agreement at any time with or without prior notice to you.
This Agreement is effective from your acceptance thereof, which is indicated by the establishment of
your account. If you are a current rayaneHost.com client when this Agreement is activated, your
continued use of the Service constitutes your acceptance of this Agreement.
1. Service
1.1. rayaneHost.com provides Website Hosting services, including, but not limited to, Disk space
for File Storage; FTP Access for uploading and downloading files to and from your assigned account.
1.2. Any means of identification assigned to you by rayaneHost.com (including username and IP
address) will remain the property of rayaneHost.com. rayaneHost.com reserves the right to alter or
replace these forms of identification at any time.
1.3. rayaneHost.com makes no guarantees as to the continuous availability of the Service or any
specific feature of the Service. rayaneHost.com reserves the right to discontinue and/or change the
Service or any of its features at any time with or without notice.
2. Registration Requirements
2.1. In consideration of the Use of the Service, outlined below in Section 3, Client certifies to
rayaneHost.com that he/she is not a minor. By accepting this Agreement, you represent that you are at
least 18 years of age. If you are a minor, we will need approval from the parent/guardians.
2.2. You agree to provide rayaneHost.com with accurate, complete and up-to-date billing
information, including your legal name, electronic mail (e-mail) address, home address, and telephone
number. All changes to this information must be reported to rayaneHost.com within 30 days of the
change.
2.3. By accepting this Agreement, you agree that you are responsible for all charges posted to
your account until you close the account as specified in Section 10. If any information provided by
you is inaccurate, not current or incomplete, rayaneHost.com retains the right to suspend or
terminate your account.
3. Use of the Service
3.1. You, and those who you authorize, are the only individuals who are authorized to access the
Service through your account. You must ensure that all authorized users on behalf of your account
comply with this Agreement.
3.2. You are responsible for maintaining the confidentiality of passwords used by yourself or any
authorized user for your account.
3.3. You will not use the Service or permit others to use the Service through your account in any
way that violates any law or regulation; subjects rayaneHost.com to liability; or is in any violation
of the rayaneHost.com Terms of Service Agreement.
4. User Conduct
4.1. You agree to be solely responsible for the content of your transmissions through the
Service. You acknowledge that rayaneHost.com simply acts as a passive conduit for the distribution
and transmission of data.
4.2. You agree not to resell any part of the Service under your account including, but not
limited to, disk space; pre-installed CGI scripts; software and any form of identification assigned
to your account except you have the authorization from rayaneHost.com.
4.3. You agree that your use of the Service is subject to all applicable local, state, national
and international laws and regulations. Furthermore, you agree that you recognize that violation of
any such laws, rules and regulations shall be cause for immediate termination, without notice, of
your account at the sole discretion of rayaneHost.com.
5. Unacceptable Use of Service
5.1. Illegality in any form, including, but not limited to, activities such as unauthorized
distribution or copying of copyrighted software; violation of Canada export restrictions; harassment;
fraud; drug dealing; intentionally inflicting emotional distress; violating trademarks; copyrights;
Privacy and other intellectual property rights.
5.2. We reserve the right to remove permission to access the Service if we suspect security
violation attempts involving your account, whether directly deliberately caused by you or not.
5.3. Spamming, to send unsolicited commercial or non commercial email or newsgroup posts, from
the server or involving your domain.
5.4. Mail bombing, sending of large files or emails to other users against the request of an
Internet user, whether or not our servers are used.
5.5. Violations of system or network security is prohibited, and may result in criminal and civil
liability. Examples include, but are not limited to, the following: Unauthorized access, use, probe,
or scan of a systems security or authentication measures, data or traffic. Interference with service
to any user, host or network including, without limitation, mail bombing, flooding, deliberate
attempts to overload a system and broadcast attacks.
5.6. The use of programs that consume an excessive amount of CPU run time or Random Access Memory
(RAM) on the server. High load Chat Room Scripts and Programs. All kind of Shell/SSH/Telnet access
Scripts. High loaded Bulletin Board/Forums Systems including but not limited to: UBB - Ultimate
Bulletin Board™, YABB - Yet Another Bulletin Board.
5.7. Unacceptable site content, links, storage and/or distribution including, but not limited to,
pirated software or programs which are intended or used for security violation purposes ("cracking
software"); "Warez Sites"; "IRC Bots"; pornography; nudity; sexually explicit or offensive material;
and defamatory, scandalous, or private information about a person without their consent.
5.8. Adult and "Rated X" Material, Site content or links including, but not limited to,
pornography; nudity; sexually explicit or offensive material. Disturbing site content or links. Site
content or links including threatening, defamatory, or scandalous language or information.
5.9. Background Running Programs, Background Daemons, including, but not limited to, IRC bots;
eggdrop; BitchX(IRC Client); XiRCON; ShoutCast Plus IceCast; and any other program that interferes
with normal server operation.
5.10. Illegal Activities including but not limited to:
5.10.1. Distributing information regarding the creation of or sending of Internet viruses;
worms; Trojan horses; pinging; flooding; mailbombing; or denial of service attacks.
5.10.2. Activities that disrupt the use of or interfere with the ability of others to
effectively use the network or any connected network, system, service, or equipment.
5.10.3. Accessing illegally or without authorization computers, accounts, or networks.
Attempting to penetrate security measures of a system ("cracking").
5.10.4. Exporting encryption software over the Internet or otherwise, to points outside the
United States or Canada.
5.10.5. Forging or misrepresenting message headers, whether in whole or in part, to mask the
originator of the message.
5.10.6. Any activity that might be used as a precursor to an attempted system penetration
(i.e. port scan, stealth scan, or other information gathering activity).
5.10.7. Any activity including, but not limited to, advertising, transmitting, or otherwise
making available ponzi schemes; pyramid schemes; fraudulently charging credit cards; and pirating
software.
5.10.8. Engaging in activities, whether lawful or unlawful, that rayaneHost.com determines to
be harmful to its clients, operations, reputation, goodwill, or customer relations.
5.11. Disclaimers found on the offending website will not protect the client account from being
terminated if such site is in violation of this Agreement.
5.12. Failure to enforce strict performance of any provision of this Agreement shall not be
construed as a waiver.
ALL FORMS OF 'UNACCEPTABLE USE OF SERVICE' ARE STRICTLY FORBIDDEN. EVIDENCE OF SUCH MATERIAL WILL BE
CAUSE FOR IMMEDIATE TERMINATION OF SERVICE. rayaneHost.com ON BEHALF OF rayaneHost WILL BE THE SOLE
ARBITERS AS TO WHAT CONSTITUTES A VIOLATION OF THIS PROVISION. rayaneHost.com WILL NOTIFY THE
APPROPRIATE LAW ENFORCEMENT DEPARTMENT IF SUCH VIOLATION IS A CRIMINAL OFFENCE.
6. Fees
6.1. Setup fees are non-refundable. rayaneHost.com does not issue refunds for fees paid in
advance or for fees and/or payment made towards your account after the first 30 days of Service.
6.2. One time fees including but not limited to additional features, change domain name and
upgrade/renew fees are non-refundable.
6.3. Current pricing for rayaneHost.com services may be obtained by checking price pages in
http://www.rayaneHost.com, rayaneHost.com reserves the right to change prices, rates and/or institute
new charges/fees at any time.
6.4. A service charge, up to the maximum allowed by the state you reside in, will be assessed to
your account for each check that is returned to rayaneHost.com for insufficient funds.
6.5. Payment must be made towards your account on its assigned due date. If your account is
delinquent, your account may be suspended or terminated at the sole discretion of rayaneHost.com.
IF YOUR ACCOUNT INCURS CHARGES WHICH ARE DENIED BY YOUR FINANCIAL INSTITUTION, rayaneHost.com
RESERVES THE RIGHT TO RE-BILL FOR THOSE CHARGES, REGARDLESS OF YOUR ACCOUNT STATUS.
rayaneHost.com may, at its sole discretion, charge a fee of US$25.00 or greater to reinstate a
suspended account.
6.6. If you believe that rayaneHost.com has billed you in error, you must contact the Billing
Department within 30 days of the invoice or transaction date of the charge. Refunds or adjustments
will not be given for any charges billed in error which are more than 30 days old. To contact the
Billing Department, please leave an email to sales@rayaneHost.com or use "contact us" link in
rayaneHost.com.
6.7. Any site found to be in violation of the Acceptable use Policy or the details discussed in
section 5 will be suspended/removed and subject to a $30.00 fee.
6.8. All residents of British Columbia (BC) are subject to pay PST and GST taxes at 12.0%.
Residents of British Columbia are all clients who have their billing address in British Columbia.
6.9. All residents of Canada outside British Columbia are subject to pay GST at 5.0%. Residents
of Canada are all clients who have their billing address in Canada.
7. Disclaimer of Warranties
7.1. You assume full responsibility and risk for use of the Service by you and your authorized
users. The Service is provided on an "as is" and "as available" basis. rayaneHost.com does not
warrant that the Service will be uninterrupted or error-free. rayaneHost.com makes no express or
implied warranties, representations or endorsements including, but not limited to, warranties of
title, non-infringement or implied warranties of service or fitness for a particular purpose
regarding all information or service provided through rayaneHost.com. No advice or information given
by rayaneHost.com, its employees, affiliates or contractors shall create a warranty.
7.2. rayaneHost.com shall not be liable for any costs or damages arising directly or indirectly
from use of the Service. It is solely your responsibility to evaluate the accuracy, quality,
completeness, and usefulness of all opinions, advice, services, and other information provided
through the Service.
8. User Remedies
8.1. If you are dissatisfied with the Service or any of its terms, conditions, rules, policies,
guidelines, or practices, your sole and exclusive remedy is to terminate this Agreement and
discontinue using the Service by closing your account by one of the methods outlined in Section 10.
8.2. Under no circumstances shall rayaneHost.com, its employees, affiliates or contractors be
liable for any direct, indirect, incidental, special, punitive, or consequential damages that result
in any way from any: use of your account or the Service or your inability to use the Service; your
reliance on or use of information, services or merchandise provided on or through the Service or that
result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in
operation or transmission, or any failure of performance.
9. Indemnity
You agree to defend, indemnify, and hold rayaneHost.com and its affiliates harmless from any and
all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or arising
from: any violation of this Agreement by you or those who access this Service through your account;
the use of the Service or the Internet in general; and the placement or transmission of any message,
information, software, or other materials on the Internet by you or by those who have access to the
Service through your account.
10. Termination of Agreement
10.1. You may terminate this Agreement by using the methods outlined in Section 12 of this
Agreement. Your termination will only be complete upon your receipt of a confirmation number from
rayaneHost.com. You will receive this confirmation number either via Canada Post, Electronic Mail or
both. Charges to your account will stop accruing the day you receive your confirmation number.
rayaneHost.com will not issue refunds for fees paid in advanced or for accounts that have been
activated passed the 30 Day Money Back Guarantee mark.
10.2. Termination of the account will take up to 3 days to process. Therefore, for non-yearly
accounts, the cancellation request must come before 3 days before the initial billing date of the
next month.
10.3. rayaneHost.com may terminate this Agreement at any time without cause upon 30 days prior
notice; or; immediately if you or any person who has access to the Service through your account,
commit a material breach of this Agreement including, but not limited to, a breach of any obligation
imposed under Sections 2, 3, 4, 5 or 6 or if you fail to pay any charges within 10 days of the date
they accrue.
10.4. Upon termination of this Agreement, all rights granted to you or your authorized users
under this Agreement shall immediately cease and terminate.
10.5. Termination from this Agreement does not release you from the obligation to pay all accrued
charges under this Agreement.
10.6. Sections 6, 7, 8, 9, and 12 shall survive termination of this Agreement, rayaneHost.com
retains the right to enforce these provisions regardless of account status.
10.7. rayaneHost.com provides a 30 day money back guarantee for the first 30 days. Any client
that cancels their account within 3 days of the end of the initial 30 days will be subject to a $5.00
penalty fee due to the time limits discussed in 10.2.
10.8. If a client is to cancel their non-yearly account after the initial 30 day period, and is
in violation of 10.2, they may be subject to a $3.00 termination fee.
11. Resellers
11.1. The 30 day guarantee follows the same regulations as stated in 11.7.
11.2. All resold accounts are subject to the terms discussed in section 1, 2, 3, 4, 5, 6, 7, 8,
9, 10, and 12.
11.3. rayaneHost.com accepts payment for reseller account via credit card or PayPal only.
11.4. If a reseller's monthly fee is past due, all accounts created under the reseller account
and the initial reseller account itself will be suspended.
11.5. A $10.00 re-activation fee will be charged to any reseller who is in violation of 11.4.
11.6. Any reseller who's account has been listed as suspended for over 15 days will be cancelled
and charged a $10.00 cancellation fee.
11.7. Cancellation of a reseller account must be submitted at least 5 days prior to the next
billing date. Any cancellation request that comes within the 5 day limit may be subject to a $5.00
fee.
11.8. Upon cancellation of a resold account, all accounts created under the initial account and
the initial account itself will be removed. It is your responsibility to inform your clients and move
their data.
11.9. If cancellation of a non-yearly reseller account comes at the beginning of the month and no
payments have been made towards that month for 7 business days, all accounts created under the
reseller account will be immediately terminated and a $10.00 cancellation fee will be imposed.
12. Closing an Account
12.1. You may close your account by one of the following methods:
Send request via Contact Us form C/O "Billing Department"
The request must meet the following criteria:
Include company or personal letterhead.
Include your account information
(domain name, username, IP address, and password)
Reference your Order/Authorization Number you received with your first receipt of payment.
Failure to enforce strict performance of any provision of this Agreement shall not be construed
as a waiver.
This Agreement shall be governed by and construed in accordance with the laws of the Province of
British Columbia, Canada, without regard to its conflicts of law provisions. You consent to the
personal jurisdiction of the federal and state courts having jurisdiction for Vancouver, British
Columbia, with respect to all disputes arising out of this Agreement, your use of the Service or
otherwise between you and rayaneHost.com. Any cause of action you may have with respect to the
Service must be commenced within six (6) months after the claim or cause of action arises or such
claim or cause of action is barred.
This Terms of Service and Acceptable Use Policy Agreement constitutes the entire Agreement between
you and rayaneHost.com with respect to the Service.
Anti Spam Policy
rayaneHost Strictly Forbids Spamming and Enforces, this Policy. We Will Terminate Your Membership if
You Spam.
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Anti-Spam Policy
rayaneHost.com strictly prohibits the sending of unsolicited mass e-mails of any kind. If a
member is reported for "spamming", rayaneHost.com will investigate and terminate the member's account
and make them ineligible for a new account. This includes clients who have host space from
rayaneHost.com, resellers, dedicated server owners, and referrals who earn money by referring others.
