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RaidLogic.NET "Terms of Service "
RaidLogic.NET value our clients and wish to provide them with the best possible hosting experience. To offer you the best service possible, all clients need to follow the same rules and guidelines. These policies are intended to make RaidLogic.NET service available to all our clients as consistently and efficiently as possible.

BASIC POLICY & TERMS OF SERVICE (TOS)

RaidLogic.NET provides services to clients all around the world. RaidLogic.NET has the responsibility to protect each client and provide them with the best services available. The following guidelines were designed in an attempt to ensure that we can do such.

General:
Services provided by RaidLogic.NET may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States Federal, State, or City law is prohibited.

The subscriber agrees to indemnify and hold harmless RaidLogic.NET from any claims resulting from the use of the service which damages the subscriber or any other party.

Content:
Examples of unacceptable content include, but are not limited to:

* Copyrighted media, without authority to distribute or display.
* Unlicensed applications.
* Cracking programs or key generators.
* Child pornography or kidnapping material.
* Fraudulent activity, phishing, pyramid schemes, chain letters, forgery, or impersonation.
* Terrorist propaganda, racist material, or bomb/weapon instructions.
* Virus/Virii, Spyware, Malware, or other infectious material.
* Material protected by trade secret or other statute.

Additionally, RaidLogic.NET prohibits:

* IRC and associated programs (including psybnc, "bots", etc...)
* Scripts commonly used for abuse, attacks, or flooding.
* Threatening, harrassing, or obscene content.
* Any proxies which do not require authentication (including open mail proxies, unprotected anonymous web surfing proxies, etc...)

Legal adult content is permitted on all RaidLogic.NET product lines. The viewing/downloading or possession of such information/data by RaidLogic.NET clientele is not governed by RaidLogic.NET policy, and is at your own discretion/free-will, and may be governed by your state/federal government.

Links to unacceptable content, as defined above, are also prohibited.

Note: Pornography and sex-related merchandising is permitted on any RaidLogic.NET server. Sites that promote any illegal activity or content, or that may be damaging to RaidLogic.NET servers or any other server on the Internet, is strictly prohibited. Links to such materials are also prohibited. Viewing/downloading of such information/data by RaidLogic.NET Internet Access customers is not governed by RaidLogic.NET policy, and is at your own discretion/free-will, and may be governed by your state/federal government.

Online Activity:
Any attempts to undermine or cause harm to the RaidLogic.NET equipment, network, operations, or clientele is STRICTLY prohibited. RaidLogic.NET will pursue legal action to the fullest extent for all abuse/violation of such.

Any activity deemed damaging or abusive, whether unlawful or considered to be detrimental to the operations of RaidLogic.NET, is prohibited.
This includes, but is not limited to:

* Denial of Service Attacks (DOS/DDOS)
* Unnecessary Port Scans.
* Mail Bombing.
* Unsolicited Advertising via IM, Forums, Newsgroups, Email, etc.

Bulk Email:
We understand that bulk email is an important mechanism for keeping people informed. However, spamming (unsolicited advertising), from the RaidLogic.NET network, or spamvertising (unsolicited advertising of) sites hosted on the RaidLogic.NET network is STRICTLY prohibited.

Legitimate bulk email meets the following criteria:

1) The recipient has confirmed his willingness to be added to the distribution list of the mailing, by responding to a verification email, or, otherwise, verifiably confirming permission. (Evidence of such must be retained and available by request.)

2) Messages include: Valid headers, removal instructions, and information on the method by which the subscribed address was obtained.

All bulk email senders must post privacy policies, in association with the sending domains. Co-registration is not prohibited, but explanations of the sharing of information must be both publicly available and included in the confirmation mechanism for list subscription.

If RaidLogic.NET approaches a client for evidence of confirmation, this request must be honoured within 48 hours.

Failure to meet the acceptable criteria for bulk mail may lead to immediate termination.

Additionally, if such actions have caused mail servers or IP address ranges on the RaidLogic.NET network to be blacklisted, RaidLogic.NET reserves the right to assess a $150 charge to the customer account. This fee is set to cover administrative costs associated with removal from such lists.

Please make an effort to limit outgoing mail on your account to no more than 1000 pieces per hour. Large mailings are preferred to be sent from the hours of 12AM - 8AM EST.

Policy Violations:
RaidLogic.NET may, at any time, audit systems for any data/activity showing potential policy violations.

Warnings:
The RaidLogic.NET Abuse department makes an attempt to contact the client, via email, when the first sign of a possible violation is noted. These alerts are a courtesy. Responses to such alerts are required. If an alert is received from any RaidLogic.NET staff member, the client is responsible for acknowledging his/her understanding and citing any action planned or taken, within 24 hours of the notice. Failure to do so may lead to suspension. Repeated failure to do so may result in termination.

Note: It is extremely important to ensure that the email address on record with the RaidLogic.NET Customer Service Department is valid. This is the address used for abuse notifications and warnings.

Suspension/Deactivation:
If any terms or conditions are failed to be followed, the client risks service suspension or termination. RaidLogic.NET reserves the right to remove any account, without prior notice. If RaidLogic.NET deactivates an account for violating policy, the client will forfeit any rights to a refund. No refunds for advance payments will be granted for deactivated accounts.

Reactivation:
If a service is suspended, the client will be required to pay a reactivation fee of $55.00, and when applicable, to cover any administrative costs associated with the offense/violation, as determined by RaidLogic.NET.

Unauthorized Usage:
In any case involving unauthorized parties utilizing a RaidLogic.NET service for abuse/violations, the client will be responsible for stopping all affected applications, until the source of the problem is found and corrected. RaidLogic.NET may opt to disable all services until the client can perform such an investigation. If the technical support of RaidLogic.NET is required for the investigation, the client agrees to compensate RaidLogic.NET at a rate of $75/hour for such services performed, if such services are not included in the client's current service package.

In general, the client is responsible for maintaining a secure system. This includes, but is not limited to:

* Requesting kernel updates.
* Applying application patches.

Additionally, RaidLogic.NET will not be responsible for securing third-party applications.

The client is expected to monitor his/her system(s) and/or service(s). Resource usage should be maintained within the level outlined in the service contract. Abuse caused by end-users or unauthorized parties may increase resource usage and it should be noted that overage fees may apply.

Certain clientele, such as those with Critical(safe) fully managed support services, may be entitled to a higher level of support than those clientele with only basic management included with their service(s). The above unauthorized usage responsibilities may differ for such clientele.

Resource Usage:
RaidLogic.NET will be the sole arbiter as to what constitutes a violation of resource usage limitations.

Bandwidth:
Overage fees will apply to any service utilizing more than it's assigned bandwidth allocation, except for those services advertised/sold as "UNMETERED". Overages will be calculated based on overall amount of GigaBytes (GB) transferred in a monthly period, unless a service is sold based on Megabits per Second (MBPS). Services sold by MBPS, will be calculated via the industry standard 95% method, unless specified in contract otherwise. MRTG or other bandwidth reporting is available upon request for all services. Client is responsible for all usage, and any corresponding overages fees, that result from a service that may be hacked and/or flooding. RaidLogic.NET may require a deposit should a client utilize/require large amounts of bandwidth beyond their standard bandwidth allocation.

Port Usage:
Basic Dedicated & Co-Located servers are installed on 100MBPS unthrottled ports, unless service is sold as a specified port size (ie 10MBPS UNMETERED) or specified/requested as a capped port. RaidLogic.NET reserves the right to monitor network usage, and if a service significantly exceeds average usage, to throttle the available speed to conserve network resources and to prevent any large billing anomalies. This will generally not include short spikes in usage, but will include, but not be limited to, sustained transfers of significantly larger than average amounts of bandwidth. If at any time any client's data transfer rate affects other RaidLogic.NET clientele, RaidLogic.NET reserves the right to throttle and/or disconnect the service causing such a problem.

Filtering:
RaidLogic.NET reserves the right to block/filter or throttle ports and/or ip address ranges, at its discretion. This may include, for example, blocking Port 6667 (IRC), denying access from a known-spamming IP address range, or limiting the speed of point-to-point file-sharing programs (Kazaa, Limewire, Donkey, etc...). This may also include giving priority to certain traffic types, such as Voice-over-IP (VOIP) phone call transmissions.

Unmetered:
Services advertised/sold as "UNMETERED" will not be subject to bandwidth overage fees. Bandwidth is supplied from a shared pool, and is not supplied as guaranteed/dedicated bandwidth. Burstable usage of the UNMETERED service/port is permitted, however, a service that has heavy sustained usage may have their port capped or be asked to upgrade to a dedicated service plan. UNMETERED service is supplied on a "best-effort" basis---which may result in some slowdowns during peak traffic times.

Shared Hosting:
RaidLogic.NET is pleased to offer our Shared Hosting clientele unlimited traffic/hits and server usage. Unlimited Traffic/Hits refers to the number of visitors to your website, NOT the amount of bandwidth/data transfer. Your account is still limited to the alotted bandwidth/data transfer included with your selected package. To maintain the integrity of our service, the following usage may be limited/disallowed on Shared Hosting service:

* Banner, graphic, or CGI scripts running from the service, and being utilized on other domains/websites.
* Large graphic or download archives/galleries.
* Large chat room gatherings.
* Heavy system resource utilization.

If you do not qualify for unlimited traffic/hits, your account may be required to be upgraded, or, RaidLogic.NET may relocate your site to a different server and/or IP address, to reduce the load on the server on which you are currently residing.

Virtual Private Servers (VPS):
To maintain the integrity of our service, VPS service that utilizes heavy amounts of system resources may be required to be upgraded, or, RaidLogic.NET may relocate your site to a different server and/or IP address, to reduce the load on the server on which you are currently residing.

Internet Access:
RaidLogic.NET does not allow multiple dial-in connections on a single dial-up access account. Multiple computers/networks are permitted to utilize a single RaidLogic.NET Internet Access service. Internet Access clientele are responsible for maintaining/securing their computer systems, and should such become infected with a virus and/or spyware which causes/threatens harm to the RaidLogic.NET network, RaidLogic.NET may at its discretion suspend service until which time the source of the problem is found and corrected.

Backup Service:
To maintain the integrity of our service, RaidLogic.NET may relocate your backup service to a different server and/or IP address, to reduce the load on the server on which you are currently residing. Download/FTP sites, web-serving (httpd), and/or usage that results in heavy upstream/outgoing bandwidth consumption beyond that of normal backup operations is not permitted on the backup service. This service is meant for the backup/restore/sharing/storing of data/files, and not for usage normally performed by web/database servers.

Abusive Clientele:
RaidLogic.NET may at it's discretion suspend or terminate service of any client that is abusive/harassing to RaidLogic.NET and/or RaidLogic.NET employees. Examples of such activity include, but are not limited to:

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* Verbal abuse - cursing, yelling, threatening, etc...
* Ongoing disregard for warnings or notices.
* Consistent mistakes/errors/changes causing unnecessary workload.
* Spamming RaidLogic.NET email addresses, ticket systems, or servers
* Continuous involvement in flood/DDOS activity, hacked services, or other ongoing non-permitted usage.
* Consistent late payments or responses.
* Issuing a chargeback or bouncing a payment.
* Continuous activation of problematic end-users.
* Activity which affects the service(s) of other RaidLogic.NET clientele.

Payment and Invoicing:
In consideration of the performance of the RaidLogic.NET Services, Client shall pay RaidLogic.NET in advance the amount set forth in Exhibit E ("Contract Specifications"). Exhibit E is amended from time to time for the "RaidLogic.NET Services" provided during the term of this Agreement. Client shall receive a confirmation letter/invoice via e-mail and/or mail at the time Client contracts for the RaidLogic.NET services, which shall confirm the fees payable to RaidLogic.NET. Thereafter, Client shall receive a monthly billing invoice/statement for the upcoming month, which shall indicate any changes in fees, which shall become effective upon thirty (30) days' notice as set forth in Section 2.4 herein. All services are invoiced 10-15 days in advance, and must be paid in full by the first day of new the service period. Client is responsible for all activities and charges resulting from Client's use of the RaidLogic.NET Services. Client agrees to pay all fees, bandwidth charges, connect time charges, surcharges, and other charges incurred by Client and set forth in the monthly billing statement. Client acknowledges that no refunds will be given by RaidLogic.NET in the event that Client's account is terminated by RaidLogic.NET or Client mid-term. In the event of a breach of security, Client will remain liable for any unauthorized use of the RaidLogic.NET Services until Client notifies RaidLogic.NET by calling (1.801.738.4295) or by sending an e-mail with account information to support@raidlogic.net and receiving a ticket tracking number. Current rates for using the RaidLogic.NET Service may be obtained by calling (1.801.738.4295), or visiting the RaidLogic.NET website (http://www.raidlogic.net). RaidLogic.NET reserves the right to change fees, surcharges, monthly membership fees or to institute new fees at any time upon thirty (30) days' (of end of current contract term) prior notice to Client. In addition, RaidLogic.NET may institute special trial offers, from time to time which shall be reflected in the confirmation letter sent to Client upon sign up.

Refund Policy:
In the event that RaidLogic.NET offers a money back guarantee, or 30 day refund policy violation of the RaidLogic.NET Terms of Service (TOS) makes such an offer null and void. Client agrees to waive such rights to a refund if such a violation occurs. All refund are handled on a case by case basis, RaidLogic.NET does not offer a money back guarantee, or 30 day refund policy, by default on it’s service, unless specifically stated otherwise for a specific service.

Late Fees:
If RaidLogic.NET does not receive the full amount of Client's RaidLogic.NET service account balance by the first day of a new service period, an additional 1.5% (or highest amount allowed by law per month) late charge will be added to Client's bill and shall be due and payable. Client shall also be liable for all attorney and collection fees arising from ™ efforts to collect any unpaid balance of Client's account(s). Account suspension may occur if payment is not received by 5th day of a new service period.

Penalties and Extra Fees:
Client agrees to pay RaidLogic.NET US$30.00, per occurrence, for bounced checks. Client agrees to pay RaidLogic.NET US$35.00, per occurrence, for each chargeback issued against a transaction. Client agrees to pay RaidLogic.NET US$30.00, per occurrence, for each credit reporting/collection agency filing that may be necessary to expedite receipt of payment, collect on overdue funds, or other related issues. Client agrees to re-imburse RaidLogic.NET for all legal/court fees optained while attempting to collect client's debt. Client agrees to pay RaidLogic.NET US$50.00 for each re-activation of a suspended account. The US$50.00 re-activation fee is per account, with an account potentially containing multiple websites, servers, or other services. RaidLogic.NET reserves the right to charge a US$25.00 expedite fee for any support issue that client insists be taken care of "on the spot" immediately. Charges may be incurred for Abnormal Support requests serviced on your account.

Means of Performance:
RaidLogic.NET shall provide Client with the RaidLogic.NET services, as set forth on Exhibit A hereto. RaidLogic.NET has the right to control and direct the means, manner, and method by which the services are performed. RaidLogic.NET shall perform the services in a professional manner.

Support:
RaidLogic.NET shall provide a reasonable level of technical support to Client via telephone, email, fax, ICQT/AIMT, pager (dedicated/co-lo clients only) , real-time chat, forums, and/or online manuals/faq for the term of this Agreement.

Client Liaison:
Client shall designate a contact person who shall act as a liaison between Client and RaidLogic.NET. Client certifies to RaidLogic.NET that he/she is not a minor. A minor's parent or legal guardian may authorize a minor to use his/her account(s) under supervision. Client agrees to provide RaidLogic.NET with accurate, complete and updated information required by the registration/initiation of the RaidLogic.NET service (Client Registration Data), including Client's legal name, address, telephone number(s), and applicable payment data ( e.g., credit card number and expiration date ). Client agrees to notify RaidLogic.NET within thirty (30) days of any changes in Client Registration Data. Failure to comply fully with this provision may result in immediate suspension or termination of your right to use RaidLogic.NET Services.

Fees and Expenses:
Client shall be responsible for payment of all costs, fees and expenses assessed by third parties in the course of being provided RaidLogic.NET Services. Such costs include, but are not limited to, the fees required to register and maintain domain names, which is governed by a separate agreement between Client and InterNic.

Third-Party Software:
Third-Party software available through the RaidLogic.NET Service may be governed by separate end user licenses. By using the RaidLogic.NET Services and the third-party software, you agree to be bound by the terms of such end user licenses regarding the applicable third-party software.

Co-Location/Equipment Insurance:
Client is responsible for providing insurance coverage for all co-located equipment in the RaidLogic.NET Data Center and/or all customer property not supplied and maintained by RaidLogic.NET in a RaidLogic.NET facility or at the customer's premise. RaidLogic.NET is not responsible for such equipment, but is required to provide a reasonable amount of protection for equipment, including, but not limited to; alarm systems, surge protection, security cameras, video recordings, monitoring, theft prevention, racking equipment, and weather control.

Advertising, Solicitation and Name Harvesting:
You may not use the RaidLogic.NET Service to send unsolicited advertising, promotional material, or other forms of solicitation to other Clients unless you receive the expressed written permission of the Client. You may not use the RaidLogic.NET Service to collect or "harvest" screen names of other Clients without the expressed prior permission of the Client. RaidLogic.NET reserves the right to block or filter mass email solicitations on or through the RaidLogic.NET Service.

Internet Conduct:
Generally, the Internet consists of the following areas available through RaidLogic.NET; Email, Newsgroups, Gopher, and WAIS FTP, and the World Wide Web). The Internet is not owned or operated by, or in any way affiliated with RaidLogic.NET or any of its affiliates; it is a separate, independent network of computers and is not part of RaidLogic.NET. Your use of the Internet is solely at your own risk. When using the Internet and all of its components, Clients must conduct themselves responsibly according to the Internet's own particular code of conduct. Participating successfully on the Internet is really a matter of common sense. Although RaidLogic.NET does not control the Internet, your conduct on the Internet when using your RaidLogic.NET account is subject to RaidLogic.NET rules. Because RaidLogic.NET wants to be a good Internet citizen, it prohibits Clients from engaging in certain conduct on the Internet through or by means of RaidLogic.NET including the following: (1) Chain Letters. Chain letters are prohibited on the RaidLogic.NET network and are inappropriate on the Internet. Posting a chain letter to an Internet newsgroup (or via email on the Internet) from your site may result in your RaidLogic.NET Services site being terminated.

Commercial Communication:
The vast majority of newsgroups and mailing lists on the Internet are not commercial in nature, and participants in such groups may object strongly to commercial postings, solicitations, or advertisements.

Other Inappropriate Posts:
Each newsgroup and mailing list on the Internet focuses on a particular set of topics and posts not related to these topics are not welcomed by the participants. We suggest that all Clients become familiar with the guidelines, themes, and culture of the specific newsgroups and mailing lists in which they wish to participate. Posting or distributing inappropriate material on or from your site (i.e. spamming or mail bombing) may result in suspension or termination of your RaidLogic.NET account.

Copyright and Proprietary Materials:
You should be aware that much of the Content available on the Internet is protected by copyright, trademarks, trade secrets and other rights of the independent third parties or their licensers who make such content available on the Internet. Clients use of such Content will be subject to the specific restrictions place on such Content by the owners or licensors of the Rights in such Content and all applicable laws and regulations. Transmitting to the Internet or posting on your site copyright or other material of any kind which is subject to rights of any person or entity without the express permission of the right's holder is prohibited and will result in termination of your RaidLogic.NET Service and possible civil and /or criminal liability.

Offensive or Objectionable Material:
RaidLogic.NET reserves the right to request you remove any material which RaidLogic.NET deems offensive, hurtful, or otherwise objectionable. Failure to do so may result in blocking your site or termination of the Agreement by RaidLogic.NET Services.

You understand that except for content, products or services expressly available at RaidLogic.NET Web site, neither RaidLogic.NET nor any of its affiliates controls, provides operates, or is responsible for any content, goods, or services available on the Internet. All such content, goods, and services are made accessible on the Internet by independent third parties and are not part of RaidLogic.NET or controlled by RaidLogic.NET. RaidLogic.NET neither endorses nor is responsible for the accuracy or reliability of such content, goods, or services available on the Internet, which are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Neither RaidLogic.NET nor its affiliates shall be held responsible or liable, directly, or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any content, goods or services available on the Internet or your inability to access the Internet or any site on the Internet. The foregoing provisions o this paragraph shall apply with equal force even where RaidLogic.NET features or displays a link with any particular Web site.

You should be aware that the Internet contains content, goods, and services that you may find obscene, improper, hurtful, or otherwise offensive and that may not be suitable for certain individuals or for minors who are accessing the Internet. RaidLogic.NET does not have the capability or right to monitor, or review, or restrict any content, goods, or services made available by third parties on the Internet, nor to edit or remove any such questionable content after posting on the Internet. In addition, you should be aware that the Internet provides access to users who are not part of RaidLogic.NET and whose conduct and communication may also be found harmful or offensive to clients or which would otherwise breach the RaidLogic.NET rules if they were subject to it. RaidLogic.NET and its affiliates specifically disclaim any responsibility for (and under no circumstances be liable for) any conduct, content, goods , and services available on or through the Internet (including without limitation any part of the Web).

Your use of the Internet is subject to all applicable local, state, national, and international laws and regulations, Without limiting the other rights available to RaidLogic.NET, RaidLogic.NET retains the right but not the obligation, in its sole discretion and without prior notice or liability, to restrict and/or terminate your access to the Internet and RaidLogic.NET if your use of the Internet violates any such laws or regulations, any prohibitions upon your conduct in connection with the Internet raised in this paragraph or otherwise restricts or inhibits any other user from enjoying the Internet or RaidLogic.NET.

Examples of non-acceptable content or links:
Pirated software, "Illegal MP3's", Hackers programs or archives, Warez Sites, Child Pornography. RaidLogic.NET will be the sole arbiter as to what constitutes a violation of this provision.

Unlimited Traffic/Hits & Server Resource Usage:
RaidLogic.NET is pleased to offer our Managed Virtual Hosting clients unlimited traffic/hits, and server usage. Unlimited Traffic/Hits refers to the number of visitors to your website, NOT the amount of bandwidth/data transfer. Your account is still limited to the allotted bandwidth/data transfer included with your selected package. To maintain the integrity of our service the following traffic/usage limitations apply.

If you do not qualify for unlimited traffic/hits, your account may be required to be upgraded, or, RaidLogic.NET may move your site to a different server, to reduce the load on the server you are currently residing. RaidLogic.NET will be the sole arbiter as to what constitutes a violation of usage limitations. Bandwidth/data transfer will go unmonitored until you reach your account limit, then normal over-usage data transfer costs will apply. At any time RaidLogic.NET may move your site to a different server, to reduce the load on the server you are currently residing.

IRC:
RaidLogic.NET currently does not allow IRC or IRC bots to be operated on our servers. IRC access may be enabled for RaidLogic.NET High Speed Wireless and Dedicated Access customers upon special request.

Idle Timeouts:
RaidLogic.NET may disconnect any idle connection to the network. Average timeouts are:
FTP - 300 seconds
Dial-Up - 10-15 minutes
Telnet - 2 hours

Server Abuse:
Any attempts to undermine or cause harm to a RaidLogic.NET server or customer of RaidLogic.NET is strictly prohibited. RaidLogic.NET will pursue legal action to the fullest extent for all abuse of the RaidLogic.NET Network.

Suspension/De-Activation:
If any terms or conditions are failed to be followed it will result in grounds for account suspension or de-activation. RaidLogic.NET reserves the right to remove any account without prior notice. If RaidLogic.NET deactivates your account(s) for violating policy, your will forfeit your rights to a refund and none will be given. No refunds for advance payments, on de-activated accounts. Normal policy is a warning first, and account de-activation the second offense. Serious offenses may cause immediate de-activation.

Last Revision 05/11/2009



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