Term and Condition - Policies TOS/AUP

Before you sign up for your order please read the following terms and conditions.

RISINGNET is a Company servicing and providing domain names, web sites hosting and servers hosting for Internet users throughout the world. In order to effectively continue its purpose and create a business relationship between RISINGNET and its Customers, RISINGNET has set forth the following terms and conditions which shall govern this Agreement between the parties. These terms and conditions are intended for the purpose of establishing operating principals. Users are assumed to have read and understood these Terms of Service.

TERM

This Agreement between RISINGNET and the CUSTOMER shall remain in effect between the parties unless otherwise canceled or modified by either party in accordance with the terms and conditions set forth herein and in Services attached hereto and made a part hereof.

INVOICING

RISINGNET will not issue any hard copy invoice. Invoice will be send via email or can be view and download from Client Area.
RISINGNET will issue unpaid invoice to CUSTOMER within seven days before the renewal date.

*PERSONAL CHECK payment only valid for UNITED STATES RESIDENT ONLY!!* CUSTOMER should be aware with some insufficience check payment. If RISINGNET found  the blank / bounce check on payment, RISINGNET. has a right to charge CUSTOMER for $20 fee or termination on the account.

CPU USAGE

CUSTOMER agrees that it shall not use excessive amounts of CPU processing on any of RISINGNET'S servers. Any violation of this policy may result in CUSTOMER'S immediate account suspension at the sole discretion of RISINGNET. without prior notice. In the event that RISINGNET. elects to terminate CUSTOMER on this basis, CUSTOMER shall not be entitled to a refund as set forth herein.

CUSTOMER WITH WEB HOSTING ACCOUNT DOESN'T ALLOWED TO RUN ANY OF IRC BOTS AND IRC ACTIVITIES ON THEIR ACCOUNT.  

BANDWIDTH USAGE

CUSTOMER agrees that BANDWIDTH usage shall not exceed the number of bytes per month as set forth in Service attached hereto. This usage shall be monitored by RISINGNET, and shall be measured on the HTTP port. Any BANDWIDTH usage in excess of the agreed upon number of bytes per month may result in the immediate termination of CUSTOMER at the sole discretion of RISINGNET, without prior notice. Service can be resume again when the CUSTOMER makes the extra bandwidth payment or renew the account.
In the event that RISINGNET, elects to terminate this Agreement, pursuant to this provision, CUSTOMER shall not be entitled to a refund.

BULK E-MAIL AND SPAMMING

RisingNet has the Zero Tolerance Spam Policy.
Bulk email or Spamming is sending unsolicited e-mail, generally an ad of some sort, to anyone who has not specifically requested email from you.
Furthermore, Bulk email or Spamming is both prohibited in the RisingNet User Agreement, and illegal under United States law. RisingNet's no-spam policy is strictly enforced.
If you use your RisingNet account, or servers to send e-mail to people who have not asked for it, then you are spamming, and your RisingNet account or servers will be suspended or terminated.
In the event that RisingNet terminates CUSTOMER pursuant to this provision, CUSTOMER shall not be entitled to a refund.
Moreover, CUSTOMER shall be liable to RisingNet for any and all damages caused as a result of CUSTOMER'S failure to comply with this provision.

TERMINATION

Either party may terminate this Agreement without cause upon 30 days written notice to the other party. E-Mail shall be deemed adequate notice by either party. Nothing in this paragraph however shall limit RISINGNET'S right to terminate CUSTOMER immediately and without prior notice for improper use and violations as set forth herein.

In the event that RISINGNET. elects to terminate CUSTOMER as a result of its improper acts and breach of the terms and conditions contained herein, CUSTOMER shall not be entitled to a refund of the balance. IN NO EVENT SHALL CUSTOMER BE ENTITLED TO A REFUND OF THE SET UP FEE.

In the event CUSTOMER elects to terminate this Agreement, same shall be considered a breach and CUSTOMER shall not be entitled to any refund.

In the event that RISINGNET. elects to terminate CUSTOMER without cause, CUSTOMER shall receive a full refund of any balance. However, if CUSTOMER terminates this Agreement without cause, and in accordance with the notice provision set forth herein, there shall be NO REFUND of the Set Up Fee or any remaining balance.

RISINGNET reserves the right to suspend or terminate any account without a refund upon discovery of its involvement in (including but not limited to) the following actions or events:

  1. Transmission of indecent materials to minors
  2. Infringement of copyright laws
  3. Infringement of intellectual properties
  4. Credit card fraud
  5. Electronic fraud
  6. Denial of Service (DoS) Attack
  7. RisingNet does not permit war bots, xdcc bots, takeover bots, or abusive eggdrop bots run on RisingNet's servers.
  8. RisingNet does not permit our client use our service to protect the IRC channel which under takeover.

RISINGNET reserves the right to charge additional cleanup fee for the following policies violations (including, but not limited to):

  1. Intentional or maliciously caused IRC bans.
  2. Abuse the Internet such as flood etc. 
  3. UCE (Unsolicited Commercial Email / Unsolicited Bulk Email) cleanup
  4. Denial of Service Attacks coming from CUSTOMER account/server
  5. Serious harassment.

LIABILITY

CUSTOMER agrees that RISINGNET shall have no liability for the services, data or information provided to the public on the Internet including but not limited to any liability for consequential, indirect, special or incidental damages, regardless of the success or effectiveness of other remedies.

CUSTOMER further agrees that RISINGNET shall not be liable for any damages or losses sustained by CUSTOMER for business or other activities conducted on the Internet including but not limited to consequential, indirect, special or incidental damages.

CUSTOMER agrees that it shall not hold RISINGNET liable for any loss of business, lost opportunity, consequential, indirect, special or incidental damages as a result of any interruption in service.

IN NO EVENT SHALL RISINGNET'S LIABILITY EXCEED THE TOTAL VALUE PAID TO RISINGNET. BY CUSTOMER.

REPRESENTATION AND/OR WARRANTIES

RISINGNET makes no representations and cannot guarantee that CUSTOMER'S domain name does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. CUSTOMER shall not hold RISINGNET liable for any damages, injuries or losses incurred by CUSTOMER as a result of any action instituted by a third party.

SECURITY

CUSTOMER understands that the Internet and other various networking communications are not secure, unless explicitly specified as such. RISINGNET MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL RISINGNET, LLC. BE LIABLE FOR ANY DAMAGES OR LOSSES, EITHER CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL INCURRED BY CUSTOMER. IN NO EVENT SHALL RISINGNET LIABILITY EXCEED THE TOTAL COST OF THIS CONTRACT BETWEEN RISINGNET AND CUSTOMER.

APPLICABLE LAWS

CUSTOMER will ensure that its use of the Internet and any service provided by RISINGNET to it complies with all applicable federal, state and local laws and regulations, including but not limited to all laws pertaining to copyright, trademark, proprietary information, intellectual property rights, defamation, tortious interference with business, invasion of privacy, and pornography*. In the event that CUSTOMER violates this provision, RISINGNET shall have the right to consider same a breach of this Agreement by CUSTOMER which shall entitle RISINGNET to terminate CUSTOMER immediately without prior notice.

* It shall be within the sole discretion of RISINGNET to deem material as pornographic or inappropriate.

INTEGRITY OF INFORMATION

CUSTOMER is solely responsible for validating the integrity of the information and data it receives or transmits over the Internet.

ACCOUNT SECURITY

CUSTOMER shall be solely responsible for protecting the security of its Internet account and usage. CUSTOMER'S password shall be considered private information and shall not be disseminated or in any other manner disclosed and/or transferred to third parties. RISINGNET shall not be liable for any breach of security caused by CUSTOMER or third parties. IN NO EVENT SHALL RISINGNET LIABILITY EXCEED THE TOTAL COST OF THIS CONTRACT BETWEEN RISINGNET AND CUSTOMER.

RISINGNET will use its best efforts to maintain the integrity and security of CUSTOMER'S password.

DOMAIN NAME OWNERSHIP

CUSTOMER shall be responsible for all costs and fees associated with its domain name including, but not limited to all costs and fees for moving same. CUSTOMER shall make payment directly to the issuer. Under no circumstances shall RISINGNET be responsible for this cost.

LEGAL ACTION

CUSTOMER agrees to indemnify and hold RISINGNET harmless in any legal action which arises as a result of CUSTOMER'S use of RISINGNET services, without limitation or exception including, but not limited to any action brought against CUSTOMER by a third party.

MODIFICATION

The terms and conditions of this Agreement may be modified at the discretion of RISINGNET with 30 days notice to CUSTOMER.

ENTIRE AGREEMENT

This Agreement supersedes all Agreements previously made between the parties pertaining to the subject matter of this Agreement. There are no other understandings or Agreements.

Failure to properly notify RISINGNET via e-mail, telephone or regular mail of your disagreement with the above terms and conditions will constitute CUSTOMER'S acceptance of same.

RENEWAL

If not canceled by CUSTOMER, this Agreement will automatically self-renew after a one (1) or  three (3) or twelve (12) month period depend on the service period which is selected. RISINGNET CLAIM THAT ONE MONTH TO BE 30 DAYS  (So if you get a 3 month account, you will have access for 90 days.)

CUSTOMER with Credit Card payment will get automatically renewal on the end of every period. CUSTOMER will be notified by E-MAIL for every charges that automatically billed to Credit Card. CUSTOMER should notified RISINGNET for   any cancellation or termination of every renewal contracts at least 7 days to   the end of contracts.

RISINGNET won't refund any of charges which have been made to the renewal of the contracts.  

CUSTOMER'S failure to properly notify RISINGNET of its objections to any of the terms and conditions set forth herein shall constitute CUSTOMER'S acceptance of same.

This Agreement shall automatically renew itself for an additional TERMS period unless otherwise canceled or terminated by either party in accordance with the notice provision set forth herein.

In the event this Agreement is automatically renewed, CUSTOMER agrees to be bound by the Terms and Conditions currently in effect.