Terms of Service (TOS)
Updated April 14, 2009
General Terms & Conditions:
The following terms and conditions apply to all services ordered from Racing River Website Solutions (RRWS). By ordering services from RRWS you are agreeing to these terms and conditions.
RRWS reserves the right to suspend or cancel a Client's access to any or all services provided by RRWS when RRWS decides that the account is being used contrary to our Acceptable Use and Terms of Service policies, for non-payment as defined below, or other activities it deems contrary to its TOS Policies.
RRWS is not responsible for any claims resulting from the use of our service and does not allow storage on our servers (but not limited to the following):
Illegal / Banned Material - This includes copyrighted works, commercial audio, video, graphic, or music files and any material in violation of any local, British or country law.
Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
Offensive Material - Any material which, at the discretion of RRWS, may cause reasonable offense or upset to others.
Pornographic Material - there is a zero-tolerance policy for storage or display of pornographic materials on any server or Website operated by RRWS. Storage or display of this type of material will result in immediate cancellation of services and deletion of all files.
Grey Matter Scripts - Due to the security holes and the detrimental affects these scripts can have on server resources the use of Grey Matter scripts are prohibited.
Copyright and Infringements
The Client is liable for all legal or civil actions for any copyright infringements on their sites and its contents. The Client acknowledges and agrees that it shall defend, save and hold RRWS harmless from any and all demands, liabilities, losses, costs and claims, including reasonable lawyer's fees asserted against RRWS, its agents, its Clients, officers and employees.
Content Submitted to RRWS
You acknowledge that RRWS does not pre-screen content by its Client, but that RRWS and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, RRWS and its designees shall have the right to remove any content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Bulk E-mail, Commercial E-mail (Spamming):
The use of our Internet connection to send commercial bulk e-mail whether opt-in or otherwise to promote a site either maintained by RRWS or another party is strictly forbidden, and could result in your account being deactivated. Under no circumstances does RRWS tolerate the sending of spam and will suspend an account for which the owner is believed to be sending out the unsolicited mail.
Mailing Lists may be operated as long as individuals choose to subscribe to receive mailings, if a complaint is received that this is not being carried out, RRWS reserves the right to suspend any Client account.
Address Details and Privacy
Email is the means used by RRWS for all contact with Clients. It is therefore incumbent on the Client to keep its email contact address current with RRWS. Contact details are held by RRWS solely for the purpose of contacting the account/domain owners with regards to their business with RRWS. By trading with RRWS, the Client accepts that personal details, including address and contact details may be recorded by domain registrars/registering companies for the purposes of securing domain name(s) only if the Client requests these details to be published. The Client also accepts that contact details may be available to the general public by means of WHOIS searches with the relevant domain registrars if they choose to have their details made public.
RRWS will not publish, trade, sell or otherwise share contact details of its Clients without their express permission.
RRWS reserves the right to change prices at any time, but all prices are guaranteed for the term of payment.
Payment for design services and/or hosting is due within 30 days from Invoice issuance (i.e. on the Due Date) unless otherwise stated. If payment is not received within these 30 days, RRWS reserves the right to suspend the online access to the client's website. If payment is not received by 60 days from the issuance date, RRWS may permanently remove the Client's website from its servers. RRWS charges a fee to reload websites that have been removed from its servers.
The Client is responsible for all money owed on the account from the time it was set up to the time that the Client notifies RRWS in writing and/or e-mail for a request of termination of services. Hosting accounts are sold on a yearly basis and are non-refundable if accounts are cancelled before renewal.
RRWS reserves the right to cancel service at any time at its discretion if the Terms of Service are broken.
Clients can cancel service via e-mail to email@example.com. A period of 30 days notice is required when canceling a service. Although there is no cancellation fee, all fees paid for service are non-refundable and fees are due to the date of cancellation.
Domain names will not be released from DNS until payment has been made for our services in full.
We value and pride ourselves with the level of service we provide.
If your website is hosted with us, your first method of support should be an email to . We answer support requests on a FIFO - First In First Out basis. The second method of support is via telephone at (978) 270-6877. A support email must be submitted before calling and a sufficient time has passed for us to reply. Our response times are normally under 24 hours, and we usually reply sooner.
If you have any questions regarding our policies, please do not hesitate to contact us. We value your feedback.
Bandwidth and Disk Space Allocations
When purchasing hosting services form RRWS, specific monthly bandwidth (traffic) and disk storage space is allocated, depending on the level of service purchased.
If the monthly bandwidth and/or disk space allocation for your account is reached, visitors will not be able to view the site's web pages and a warning page will be displayed. it is the Client's responsibility to contact RRWS if this occurs. If the Client does not wish to purchase extra bandwidth or disk space, the account can be suspended until the end of the month.
A Client may at any time upgrade their account or pay for more bandwidth allocation at the current rates on the RRWS site. No account is permanently taken offline due to exceeding their bandwidth limits. The account will be billed for the overage at the current rates shown on the RRWS website at the beginning of the next calendar month.
Any attempts to undermine or cause harm to the RRWS servers or a Client of RRWS will result in legal action. RRWS holds no responsibility for the use of our client's accounts. Any account that abuses resources and if actions are not taken to desist, will result in immediate deactivation without any refund of payments. Any site using what RRWS deems to be excessive CPU cycles or any resources that cause strain to other sites may also be offered new terms. Chat/IRC, web proxy and unsolicited mailing list scripts are not allowed on our network under any circumstances. Client acknowledges that RRWS may suspend any account deemed to be abusing service to maintain the smooth running of the server.
RRWS maintains control of all IP Addresses that may be assigned to a Client site and reserves the right to change or remove any and all IP addresses.
Client agrees that it shall defend, save and hold Racing River Website
Solutions (RRWS) harmless from any and all demands, liabilities, losses,
costs and claims, including reasonable lawyer's fees asserted against
RRWS, its agents, its Clients, officers and employees, that may arise
or result from any service provided or performed or agreed to be performed
or any product sold by its Clients, its agents, employees or assigns.
The Client agrees to defend, indemnify and hold harmless RRWS against
liabilities arising out of, but not limited to the following:
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with RRWS's server;
(2) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party;
(3) copyright infringement and
(4) any defective products sold to Client from RRWS's server.
Server Up Time
While every effort is made to ensure that the servers on which all of RRWS's accounts are stored are operational, there may be server down time. The servers leased by RRWS have a historical average of >99.5% uptime.RRWS shall not be held responsible for any loss of business due to server down time in the provision of its services or otherwise. Other factors, such as heavy Internet traffic, service interruptions by the Client's ISP and other factors may result in slow Internet service or loss of service.
Clients agree that all legal matters will be adjuticated in Essex County, Massachusetts. Client's agree that any displutes will first be submitted to mediation.
RRWS will not be responsible for any damages Client's business may suffer. RRWS makes no warranties of any kind, expressed or implied for services we provide. RRWS disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non- deliveries, wrong delivery, registration failure, lapse of domain registration and any and all service interruptions caused by RRWS and its employees. RRWS reserves the right to revise its policies at any time.