Terms Of Service
This Ricketts Terms Of Service agreement (hereafter referred to as the "TOS")
lays down the terms and conditions by which Ricketts' Hosting Services (hereafter
referred to as the "Services") will be provided to you upon registration.
The TOS also describes prohibited uses of the Services. This TOS is not exhaustive
and Ricketts reserves the right to modify it from time to time, effective when notification
is posted at www.adrenterprises.com. No verbal or written agreement/statement by
any ADR Enteprrises employee or at Ricketts' website will take precedence over the
TOS.
On registering for and using the Services, you the Customer agree to all the terms
and conditions of the TOS, as modified from time to time, in its entirety. If Customer
resells the Services he or she is paying for, the Customer will be responsible for
his or her Clients. Ricketts only recognizes the Customer who is paying for the
Services and not his or her clients. Violation of the TOS or any such action that
Ricketts deems inappropriate may result in the termination or suspension of the
Services for the Customer.
Payment
The Services purchased by the Customer will be in the form of a specific
Windows or Linux Service Plan. Each Service Plan outlines the features, resources
and storage that Ricketts will provide to the Customer for the stated Service Fee.
Each Service Plan along with their features, resources, storage and Service Fee
are defined at www.adrenterprises.com. ADR Enteprrises has the sole right to determine
how the features, storage and resources under each Service Plan are interpreted
and how they will be provided to the Customer. The Customer must clarify any questions
about the Service Plan he or she wishes to purchase with Ricketts before registration.
The Service Plan will be provided to the Customer in the form of a Service Account,
which would allow the Customer to manage and use the features, resources and storage
stated in the chosen Service Plan. All prices mentioned in the TOS and at www.adrenterprises.com
are in US Dollars (USD)
While registering for a Service Plan, the customer may choose a Billing Period (also
know as Payment Term) of 1 Month, 6 Months or 1 Year. All Service Accounts are setup
on a pre-pay basis. Upon the start of each Billing Period, the Customer will be
charged the Service fee for the duration of the Billing Period. There may be additional
charges according to our Overage Policy if any additional resources, features or
storage is purchased or used by the Customer under the chosen Service Plan (which
were not otherwise included for free). The Billing Period will renew itself automatically
on termination unless the Customers chooses to cancel his or her Service Account
(according to the Cancellation/Refund Policy)
If the customer's chosen payment method is Credit Card, Ricketts would attempt to
charge the credit card number provided by customer (upon or after registration)
automatically. Failure of customer to pay manually or for ADR Enterpirses to charge
customer's credit card (due to any reason, in particular in case of an invalid credit
card number or credentials) would lead to Service Account suspension. The Customer's
Service Account would only be resumed when the customer clears his or her balance
and pays for the Service Fee for the duration of the next Billing Period as well.
If the Customer doesn't pay his or her balance within 14 days after Service Account
suspension, Ricketts reserves the right to terminate the Customer's Service Account
A fee of $30 USD will be levied for every returned check and credit card charge
back. ADR Enterprise reserves the right to change pricing of the Services from time
to time. Ricketts also reserves the right to withdraw any feature from a Service
Plan, at any time it wishes to do so.
Overages
If Customer exceeds the feature, storage or resources limits defined by
his or her chosen Service Plan, he or she will be charged for the extra usage according
to the Overage rates outlined in that Service Plan. Customer may also purchase additional
features, storage and resources by the same overage rates. All overage rates are
prorated. The overage fees charged will be for the remaining portion of the Customer's
current Billing Period
Refunds/Cancellations
The Customer will be eligible for refund if he or she chose Credit card as their
buying Mode during registration. Refund will be made for unused months only of the
current Billing period after deducting a Refund Charge of $10.00. If however the
customer's registration date is less than 30 days from the cancellation date, the
customer will receive a full refund. All hosting services come with a 30 day risk-free
trial period.
Refunds will not be made if the Customer's balance is not current or if the Customer
has violated any terms of the TOS.
Liabilities/Obligation on Service Account Termination
Services are provided on an "as is" basis." Ricketts is
not liable to you for any compensation, reimbursement or damages on account of the
loss of prospective profits, anticipated sales, goodwill or on account of expenditures,
investments, leases or commitments in connection with your business, or for any
other reason whatsoever flowing from the interruption, termination, suspension or
cancellation of your Service Account.
Customer is liable to pay all charges accrued during Service Account operation.
The customer is in no way relieved from paying these charges on Service Account
interruption, suspension, termination or cancellation
Material and Product Requirements
You must ensure that all material and data placed on Ricketts' servers/systems is
in a form requiring no additional manipulation by Ricketts. Ricketts will make no
effort to validate any of this information for content, correctness or usability.
Use of the Services requires a certain level of knowledge in the use of Internet
languages, protocols and software. This level of knowledge varies depending on the
anticipated use of the Services. You must have the necessary knowledge for your
intended use of the Services. Ricketts will not provide this knowledge to the Customer
Intellectual Property Rights
You must not use the Services in a manner that would infringe, violate, dilute or
misappropriate any copyright laws, or laws protecting trademarks, trade secrets
or proprietary information. If you use a domain name in connection with the Services,
you must not use that domain name in violation of any trademark, service mark, or
similar rights of any third party.
Web Site Operation and Security
If you run a Web Site through the Services, you are solely responsible for it's
operation and maintenance and Ricketts plays no such role in it.
You are also responsible for the security of any client credit card numbers and
related client information you may access as a result of conducting electronic commerce
transactions through your Web Site. Ricketts will not be responsible for the security
of such information
General Abuse
Any attempt to cause harm or undermine Ricketts' servers, computers, network or
customers is prohibited. Use of the Services to carry out any activity that is illegal
under US and International laws is also prohibited.
Prohibited uses of the Services also include, but are not restricted to:
1. Use of IRC, bots or clients
2. Unsolicited Bulk Emailing
3. Newsgroup spamming
4. Hosting, promoting or linking to pornographic content
5. Illegal Content
6. Copyright infringement
7. Trademark infringement
8. Hosting and linking to pirated computer software and music.
9. Hosting/linking to software or information (such as software cracks, software
cracking tutorials and software serial numbers) that may help any individual to
obtain copyrighted software or music illegally.
10. Hosting or linking to computer software that may be used for spamming (know
as spamware)
11. Providing/Promoting material that is grossly offensive to Internet Users which
includes blatant expressions of bigotry, racism or hatred
12. Providing/Promoting material about illegal activities or promoting physical
injury or harm against any group or individual
13. Providing/Promoting material about exploitation of children under the age of
18
Email Abuse
The following activities are considered as email abuse and are prohibited
1. Unsolicited bulk emailing. This includes, but not limited to commercial advertising,
informational announcements, charity requests, petitions for signatures, and political
or religious tracts. Such emails may only be sent in if the receiver explicitly
requested such information directly from you.
2. Stealth Emailing. This includes forging, altering or removing email headers
3. Mail Bombing. This includes sending a large number of emails to disrupt or compromise
a servers, systems or network
4. Emailing that may harass or intimidate others. This includes harassment or intimidation
through frequency of emails, size of emails and the language of emails. If the recipient
asks to stop, you must discontinue sending any further emails
5. Newsgroup Spamming. This includes unwelcome commercial advertising and posting
that may be against the rules of a Usenet discussion group or mailing list.
Such activities carried out from servers/systems not managed by Ricketts are ALSO
prohibited if they link to websites, content or material hosted on ADR Enterprises
servers/systems.
Emailing abuse carries a fine of up to $100 USD per email message sent, depending
on the severity of the violation. Email abuse is also grounds for immediate suspension
of your Service Account and an appropriate legal action.
Server Abuse
Server abuse includes any process or service usage that affects normal
server/system operation, resources or connectivity, and which causes a server/system
to become overloaded. Such abuse includes, but is not limited to, excessive CPU,
hard disk and memory usage, excessive number of concurrent processes, excessive
number of concurrent port or database connections and excessive bandwidth usage.
Possible causes for server abuse include, but are not limited to, the excessive
use of: CGI, Perl, Sendmail, mySQL, MSSQL, PHP, ASP, COLDFUSION, HTTP, SMTP, POP3
and FTP. Upon detection of server abuse, ADR Enterprsies will try to disable the
specific script, website or database that is causing the abuse under your Service
Account. If this is not possible, Ricketts will suspend your entire Service Account.
The specific script, website or database under the Service Account or the Service
account itself will only be resumed once the Customer has corrected the problem
and convinced Ricketts that the abuse will not occur again. ADR Enteprises will
endeavor to provide prior notification before carrying out any such action but Ricketts
may do so without any such notification, in its own discretion.
Lawful Purpose
Ricketts reserves the right to refuse service to anyone. Customers may only use
the Services for lawful purpose. Transmission of any material in violation of US
and International laws is prohibited. This includes, but is not limited to copyrighted
material without explicit permission from the author/owner, material legally judged
to be threatening or obscene, and material protected by trade secrets. The designation
of any materials as such described above is left entirely to the discretion of ADR
Enterprises.
Notifications
All notifications to the customer will be sent by electronic mail (email). It is
the responsibility of the customer to ensure his or her email address is valid at
all times. Ricketts will not be responsible if Customer fails to receive any email
Ricketts attempted to send
Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD RICKETTS HARMLESS
FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE
ATTORNEY'S FEES ASSERTED AGAINST RICKETTS, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND
EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED
TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS.
CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS Ricketts AGAINST LIABILITIES
ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD
OR OTHERWISE DISTRIBUTED IN CONNECTION WITH RICKETTS SERVICES; (2) ANY MATERIAL
SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS
OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD
TO CUSTOMER FROM RICKETTS SERVICES
Disclaimer
RICKETTS WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. RICKETTS
MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. ADR
ENTERPISERS DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG
DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY RICKETTS AND ITS EMPLOYEES.
RICKETTS RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
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