TERMS OF SERVICE
Use of services and/or products provided by Rainman Creative LLC constitutes acceptance and agreement of Rainman Creative LLC’s TOS (Terms of Service). From here within this TOS, the usage of “us” “we” “our” or “ours” shall constitute reference to Rainman Creative LLC, the company and any affiliated sites run or administered by Rainman Creative LLC The usage of “you” “your” “they” or “them” shall refer to the client/customer of Rainman Creative LLC
ACCEPTANCE OF CONTRACTUAL AGREEMENT:
Client agrees that by placing an order, either verbally, by electronic ordering (web order form) or submission of a written contract, and receipt of such order by Rainman Creative LLC that you are agreeing to our TERMS OF SERVICE. No modification of said contract by the customer is allowed.
Rainman Creative LLC will provide and customer will purchase and pay for the services and service fees specified in the order for the applicable service description. Customer acknowledges that the service and service fees have been communicated to the customer and that they are aware of all applicable charges as per the contract, and TERMS OF SERVICE. Customer also understands that any promotional offers, unless specified in contractual terms, will not be applicable to their individual service.
Rainman Creative LLC Hosting is intended for “normal” website usage. Client agrees that website hosting services will not be used for services, such as, but not limited to, web drives, spamming, outsourced email (reselling or giving away email addresses), file sharing, reselling in general, video file streaming or storage, audio file streaming or storage, and other misc. activities that should otherwise not be placed in a shared hosting environment as determined by Rainman Creative LLC staff. For web services requiring dedicated servers, please request a personalized quote.
ITEMS THAT MAY NOT BE POSTED ON OUR NETWORK:
In no form is sexually explicit or violent content allowed to reside on Rainman Creative LLC’s servers. Basically, anything offensive or otherwise not widely accepted by the general public will not be allowed. We are a family oriented company and do not want questionable content on our servers. Also, our servers are designed for fast web hosting, and by contrast are not designed for FTP drive access or system backups which use a large amount of system resources. Any account using the servers for data backups will be suspended or banned at Rainman Creative LLC’s discretion. We also reserve the right to suspend or ban any client that we feel is violating our content policies. Also, Rainman Creative LLC will not tolerate any illegally posted materials on our network. These include, but may not be limited to:
ALL / Any related content to pornography
Credit Card Fraud Information
Copyrighted media, including but not limited to: video, music, TV and radio
If you find any of the above material hosted on one of our web servers, please report it to email@example.com. Rainman Creative LLC reserves the right to refuse service to anyone at any time for any reason. Additionally, we reserve the right to ban the use of applications which allow the proliferation of unsolicited email from our network or which decrease the performance of our servers thus bearing on the quality of service we may provide to other customers. At least 90% of your web pages must be linked with web files stored on Rainman Creative LLC’s server. Web sites that are found to contain either/or no html documents or a large number of unlinked files are subject to file deletion or account suspension at the discretion of Rainman Creative LLC management, with or without prior notice. Your account gives you access and use of Rainman Creative LLC’s e-mail service. This does not mean that you may use such to send unsolicited bulk e-mail or unsolicited communications. You may not use the user directory or any other area of Rainman Creative LLC’s servers to harvest or collect information, including e-mail addresses and the use of such information for the purpose of sending unsolicited bulk e-mail is strictly prohibited.
This is the total time in a calendar month that Rainman Creative LLC’s network is available through the internet, provided that the customer has established connectivity. Rainman Creative LLC takes responsibility for network availability within our network, however, we cannot be held liable for upstream problems outside of our network. While we try to maintain 99% uptimes, there are times when problems can occur outside of our control. In addition to these unexpected issues, periodic maintenance and security updates may make server access unavailable at certain times. These outages are typically brief in nature as we try to do maintenance during times that will affect the fewest number of our customers.
NETWORK OUTAGES OR UNSCHEDULED DOWNTIME:
This is any unplanned or unscheduled interruption in service availability during which the customer is unable to access the services as described in the section titled “Network Uptime” above. A network outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in Rainman Creative LLC’s network as confirmed by Rainman Creative LLC Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month. Scheduled Downtime is any Rainman Creative LLC scheduled interruption of services for the purpose of network upgrades or replacement of any equipment in order to provide you with better service.
Performance credit exclusions: The following are excluded from the monthly calculation of service availability: Scheduled downtime; Problems outside of Rainman Creative LLC’s network (upstream providers or client’s inbound connection) not affecting 100% loss of our network; Interruptions or failure of individual service caused by the client, their employees’ client’s customer, etc. to their service. These include inaccurate configuration, third party software, and client abuse or over utilization of resources, hacked servers, attacks, exploits, server hardware failures or other users on server to cause the server to overload which may cause downtime. We will do our best to remove such offenders immediately. Additionally, it is important to note that Rainman Creative LLC closely monitors IP addresses that attempt large numbers of unauthorized logins. As such, in an effort to protect our customers from spam, fraudulent postings and signups, Rainman Creative LLC blocks individual IP’s and certain IP ranges that are considered to be ‘high risk’.
PAYMENT AND FEES:
Establishment of service through Rainman Creative LLC is contingent upon receipt of payment from the customer to Rainman Creative LLC. Subsequent payments made by credit card are due on the anniversary date of the specified service period, subsequent payments made using ACH are completed on either the 1st or the 15th of the month determined at the initiation of your agreement. Any additional services relative to a primary hosting account will be prorated to the primary hosting account’s recurring billing date. Any setup fees will be charged at full setup fee pricing and are applied at the time of initial request of such services unless a waiver of these fees has been established prior to the start of service. Payment is due on the date defined by the billing cycle. Accounts not paid by the due date are subject to service interruption for nonpayment. Accounts that are not collectable by Rainman Creative LLC may be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay the company a “processing and collection fee” of not less that fifty dollars ($50.00) nor more than two hundred dollars ($200.00).
Rainman Creative LLC may temporarily deny service or terminate this agreement upon failure of the customer to pay charges when due. Such termination or denial will not relieve the customer of responsibility for the payment of all accrued service fees or any collection fees.
All requests for canceling any service/services must be made in writing either via e-mail to firstname.lastname@example.org or via mail to the Rainman Creative corporate office located at 16126 Via Shavano, San Antonio, TX 78249 30 days prior to the next billing date. The domain name for the site you intend to cancel service must be included in the e-mail. Additional verification may be required and will be requested by Rainman Creative LLC personnel as needed. Rainman Creative LLC reserves the right to cancel any account without notice or refund if deemed necessary.
When you choose to or cancel your site, site content is marked for permanent deletion. It generally takes less than 7 days for us to remove content of a cancelled account from our systems though your content isn’t accessible during this period.
REFUNDS AND DISPUTES:
All payments to Rainman Creative LLC are non-refundable. This includes any setup fees, hosting fees, and, without exception, any charges related to domain registration or domain related products, regardless of usage. All billing disputes must be reporting within thirty (30) days of the billing date. A disputed charge to your credit card issuer, also known as a chargeback, which, in Rainman Creative LLC’s discretion, is valid under our terms and conditions (which includes the SLA, AUP and TOS) will result in service interruption, suspension and possible termination of all products, services, and accounts associated with the cardholder. Additionally, reconnection fees to restore the desired service may be assessed as necessary. Chargebacks of any kind will result in chargeback fees being assessed to the clients account. These fees are passed on to the client from charges assessed to Rainman Creative LLC by the merchant account provider.
ACCEPTANCE OF TERMS:
If not objected to within ten (10) days of the date of this Agreement, the terms of this Agreement shall be deemed acceptable.
CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT’S ACCOUNT(S) WILL NOT CONTAIN ANYTHING LEADING TO AN ABUSIVE OR UNETHICAL USE OF THE WEB HOSTING PRODUCT(S) OR THE HOST SERVER(S). ABUSIVE AND UNETHICAL MATERIALS AND USES INCLUDES, BUT IS NOT LIMITED TO, PORNOGRAPHY, OBSCENITY, NUDITY, VIOLATIONS OF PRIVACY, COMPUTER VIRUSES, ANY HARASSING AND HARMFUL MATERIAL OR USES, ANY ILLEGAL ACTIVITY, OR MATERIAL ADVOCATING ILLEGAL ACTIVITY, AND ANY INFRINGEMENT OF PRIVACY OR LIBEL. Client agrees that it shall defend, indemnify, save and hold Rainman Creative LLC harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against Rainman Creative LLC, agents, its clients, servants, officers and employees, that may arise or result from publication or use of client’s materials, any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Rainman Creative LLC against Liabilities arising out of (i) any injury to person or property caused by any products or services sold or otherwise distributed in connection with Rainman Creative LLC’s services; (ii) any material supplied by Client infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on the Web Hosting.