Terms Of Service

Terms Of Service

Ownership: The owner of the payment method (credit card, PayPal) which is utilized for payment on the account is designated as the authorized owner of the account. Third Party Providers: All transactions with third party providers are solely between the visitor and the individual provider. RareServers is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction. All discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide the goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific provider with whom you are dealing. Penalties and Extra Fees: Client agrees to pay RareServers US$35.00, per occurrence, for bounced checks. Client agrees to pay RareServers US$35.00, per occurrence, for each chargeback issued against a transaction. Client agrees to pay RareServers US$35.00, 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 RareServers for all legal/court fees optained while attempting to collect client’s debt. Client agrees to pay RareServers 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. Client agrees to pay RareServers US$25.00 for violations of the "Abusive Clientele" policy. Client agrees to pay RareServers US$100.00 for each blacklisting occurrence due to Client activities. Client agrees to pay RareServers US$50.00 for each DMCA violation occurrence that is not properly and successfully defended. Client agrees to pay RareServers US$9.95 for recreation of a VPS or US$25.00 to rebuild a dedicated server after cancellation, as a service restoration fee. RareServers 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. Zero Tolerance policy: We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists", purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. We also reserve the right to charge clients dedicated to spam mailing a fee of up to $250 per hour in consulting fees for any remedial actions that RareServers elects to take in the event that, as a result of a client's activities, RareServers servers or IP space are placed in any third-party mail filtering software or black hole lists. Back And Data Loss: Your use of this service is at your sole risk. Our backups run constantly mirroring all of your data on to a second disk to protect against hardware failure. We also backup all Shared, Business, Reseller, and Budget VPS's, client’s files to offsite backup servers every night. RareServers is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on RareServers servers. RareServers does not take backups of Dedicated Servers or Premium VPS's, unless the user has purchased the R1Soft Backup Solution. Cancellation: All cancellations must be received through the client area before the next billing cycle begins. Failure to cancel your account from the client area could result in your being automatically billed, for which refunds will not be given. Abusive Clientele: RareServers may, at its discretion, suspend or terminate the service of any client/reseller who is financially delinquent, abusive/harassing to RareServers personnel, or causes general disruption to the operation of the company and service of its users. Examples of such activity include, but are not limited to;
  • verbal or written abuse of RareServers personnel (obscene language, threats, etc.);
  • excessive complaints or persistent disregard for alerts, warnings, and/or notices;
  • repeated reactivation of abusive users;
  • consistent errors or administrative changes causing unnecessary workload;
  • spamming RareServers email addresses, ticket systems, and/or servers;
  • frequent late or bounced payments;
  • issuing chargebacks;
  • public harassment or derogatory/false/exaggerated forum/discussion group postings
  • Responsibilities, Rights and Status of RareServers:
  • Means of Performance. RareServers shall provide Client with the RareServers services, as set forth on Exhibit A hereto. RareServers has the right to control and direct the means, manner, and method by which the services are performed. RareServers shall perform the services in a professional manner.
  • Support. RareServers shall provide a reasonable level of technical support to Client via email, fax, instant messenging, real-time chat, forums, and/or online manuals/ FAQ for the term of this Agreement. Some methods of contact may only be available to certain service levels contracted for, such as Fully Managed support.
  • RareServers has the right to perform and license products to others during the term of this Agreement. RareServers may elect to electronically monitor the services and may disclose any content or records to satisfy any law, regulation, or other governmental request, or to properly operate services and protect its Clients. RareServers reserves the right to block any site/account hosted by RareServers that contains/transfers any content that it deems in its sole discretion to be unacceptable or undesirable.
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