The use of services from Rubber Cheese Ltd.[hereafter referred to as “Rubber Cheese”, “we” or “us”] constitutes agreement to these terms.
All services provided by Rubber Cheese may only be used for lawful purposes.The laws of the United Kingdom apply.
The customer agrees to indemnify and hold harmless Rubber Cheese from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please write to Rubber Cheese with the information required.
Examples of unacceptable material on all hosting accounts include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services, affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites(FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account.
We reserve the right to refuse service to anyone. Any material that, in our judgement, is obscene or threatening is prohibited and will be removed from our servers with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services.
If in doubt regarding the acceptability of your site or service, please contact us and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography. Any site found to host child pornography or linking to child pornography will be suspended immediately without notice. Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
2.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt-in” will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
Rubber Cheese reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
Rubber Cheese reserves theright to charge the holder of the account used to sendany unsolicited e-mail a clean-up fee. This cost of the clean-up fee is entirely at the discretion of Rubber Cheese.
3.) Payment Information
You agree to supply appropriate payment for the services received from Rubber Cheese, in advance of the time period during which such services are provided. You agree that until and unless you notify Rubber Cheese of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Cancellations must be made in writing to Rubber Cheese. Once we receive your cancellation and have confirmed all necessary information with you, we will inform you that your account has been cancelled. At this time, your account with us has been cancelled. If you do not hear back from us or receive any communications confirming this cancellation, please contact us immediately.
As a client of Rubber Cheese, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid ontime. Rubber Cheese provides a 15 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 15 days and not paid may result in a late fee and/or an account suspension until account balance has been paid in full.
Rubber Cheese reserves the right to change the payment amount and any other charges at any time, however will provide at least 28 days notice prior to doing so. If your payment date falls within this notice period, you will be charged at the old amount, with new rates taking effect during the next billing cycle.
4.) Backups and Data Loss
Your use of the service is at your sole risk. Rubber Cheese 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 Rubber Cheese servers.
5.) Cancellations and Refunds
Rubber Cheese reserves the right to cancel the account at any time with or without notice.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
Customers may cancel at any time by contacting us. Where possible, refunds will be made in the same format as the original payment. We are not able to refund into a different account, or write checks to a different payee to that from which the payment originated.
We also reserve the right to withhold any outstanding charges, or charges incurred during the refund process (i.e. bank fees)from the amount refunded; and will strive to process all refunds within 28 days.
Violations of the Terms of Service will waive the refund policy.
7.) Resource Usage
User may not:
a) Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers
h) Run cron entries with intervals of less than 15 minutes
Sell, lease, rent or otherwise provide a third party with usage of your hosting account, whether remuneration is received or not.
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overage. Unused transfer in one month cannot be carried over to the next month.
Customer agrees that it shall defend, indemnify, save and hold Rubber Cheese harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Rubber Cheese, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Rubber Cheese against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Rubber Cheese; (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 customers from Rubber Cheese’s server.
By using any Rubber Cheese services, you agree to submit to binding arbitration. If any disputes or claims arise against Rubber Cheese or its subsidiaries, such disputes will be handled by an arbitrator of Rubber Cheese’s choice. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. You are also responsible for any and all costs related to such arbitration.
Rubber Cheese shall not be responsible for any damages your business may suffer. Rubber Cheese makes no warranties of any kind, expressed or implied for services we provide. Rubber Cheese disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Rubber Cheese and its employees.
11.) Disclosure to law enforcement
Rubber Cheese may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
12.) Changes to the TOS
Rubber Cheese reserves the right to revise its policies at any time without notice.