RapidCloud Philippines Terms of Service for Domain Name, Web Hosting, Co-location and Dedicated Server Hosting
Here are the terms that go along with your account. Signing up for service indicates that you have read and accepted these terms.
WHEREAS, RapidCloud Philippines Inc. is a Web Service Provider connected to the Internet. RapidCloud Philippines Inc. offers storage and transfer services over the Internet through access to its Web Server or client's co-location servers;
WHEREAS, Client seeks to utilize RapidCloud Philippines Inc.'s server for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, RapidCloud Philippines Inc. can make no guarantee that any given reader shall be able to access RapidCloud Philippines Inc.'s server at any given time. RapidCloud Philippines Inc. represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;
I. Financial Arrangements:
1. Client agrees to a monthly, quarterly, half-yearly or multi years contract. Accounts are payable in the period as agreed to, and signifies such agreement by acknowledgement in account setup form or subsequent written agreement. A month is considered to be a calendar month. The date at which a new account becomes active shall be the date upon which notification is sent to the Client of the IP number or Domain password and information.
There shall be NO REFUND of payment for termination of contract. However, we do allow transfer of hosting space to another domain name within the contract period, if possible. Setup fee is applicable in this instance.
2. Full payment for the agreed contract period, setup charges plus domain name fee, if any, shall be due upon agreement.
3. This agreement will automatically renew unless cancelled in writing 30 days prior to the renewal date. Renewal prices are subject to change. Renewal of services by Client indicates agreement to Contract and Agreement revisions if any.
4. Invoices are sent out via post or email. If an account is not paid in full within 30 days of the due date then we have the right to suspend your account (without notice) until all payments have been received. It is the duty of the client to keep RapidCloud Philippines Inc. updated on their current address and Admin email contact.
RapidCloud Philippines Inc. shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or RapidCloud Philippines Inc.'s server. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
1. RapidCloud Philippines Inc. exercises no control whatsoever over the content of the information passing through the network. RapidCloud Philippines Inc. make no warranties or representations of any kind, whether expressed or implied for the service it is providing. RapidCloud Philippines Inc. also disclaims any warranty of merchant-ability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of RapidCloud Philippines Inc. is at the Client's own risk, and RapidCloud Philippines Inc. specifically denies any responsibility for the accuracy or quality of information obtained through its services.
Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. RapidCloud Philippines Inc. expressly limits its damages to the Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. RapidCloud Philippines Inc. specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", RapidCloud Philippines Inc. may, at its option and at any time, reject this material, including but not limited to after it has been put on RapidCloud Philippines Inc.'s Server. RapidCloud Philippines Inc. agrees to notify Client immediately of its refusal of the material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of RapidCloud Philippines Pte Ltd. If the Client fails to modify the material, as directed by RapidCloud Philippines Inc., within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.
IV. Trademarks & Copyrights:
Client warrants that it has the right to use the applicable trademarks, if any and grants RapidCloud Philippines Inc. the right to use such trademarks in connection with RapidCloud Philippines Inc.'s services.
The Customer certifies that he or she is at least 21 years of age.
VI. Internet Etiquette:
Electronic forums such as mail distribution lists and Use Net news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of RapidCloud Philippines Inc. may not be used to impersonate another person or misrepresent authorization to act on behalf of others or RapidCloud Philippines Inc.. All messages transmitted via RapidCloud Philippines Inc. should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.
VII. Anti-Spam Policy:
RapidCloud Philippines Inc. is here to provide professional quality services to our customers. One of our priority responsibility is to protect the privacy of our customers and to create a better Internet Environment in general. Please read our Anti-Spam Policy carefully as we have zero tolerance towards any kinds of spamming activities.
NO SPAMMING, PROVEN SPAM WILL RESULT IN IMMEDIATE TERMINATION OF SERVICE!
SPAM / Email Policies
RapidCloud Philippines Inc.'s hosting is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we strictly prohibit Spam, or any unsolicited commercial email (UCE), from being sent either: Over the RapidCloud Philippines Hosting network, by customers or any other users of the RapidCloud Philippines Hosting network (including customers' customers); AND/OR over ANY network- if the message sent advertises or mentions a site hosted on the RapidCloud Philippines Hosting server.
We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy.
Notwithstanding the above, proven cases will need to compensate RapidCloud Philippines Inc. S$5 for every proven SPAM, UCE or irrelevant newsgroup postings. MPEG, MP3, AVI and all streaming video/audio and related materials are expressively prohibited from our virtual hosting servers. Written permission have to be obtained for such materials to be loaded into our virtual hosting servers. Port scanning, Internet Relay chats are expressively prohibited from all our services.
What is spam?
Spam (unsolicited commercial e-mail or UCE) is an email message that you send to someone when they did not ask for it.
There are many kinds of spamming. Posting irrelevant messages on newsgroups, usenet, message board, chat sites, forums, etc.
For more info about spamming, visit http://www.abuse.net
What is your anti-spam policy?
As if we have zero tolerance towards spam, if you spam, your hosting account will be terminated, without prior notice, you will be denied from using your email services immediately.
1. RapidCloud Philippines Inc. may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement.
2. In the case of "Force Majeure", RapidCloud Philippines Pte Ltd will notify the Client at the earliest opportunity. "Force Majeure" will entitle either party to withdraw from their contractual obligations. The Client will remain liable for all costs incurred up to the occurrence of "Force Majeure". "Force Majeure" means any event or thing outside RapidCloud Philippines Inc. reasonable control, which directly or indirectly causes RapidCloud Philippines Inc. becoming unable in whole or in part to perform its obligations under this Agreement, and includes but is not limited to:
(i) acts of God or the public enemy, national emergencies, asteroids or other space calamity (including but not limited to meteorological or astronomical disturbances), use of atomic weapons or nuclear fusion or fission, radioactive contamination, insurrection, riot, hostile or warlike action in peace or war, sabotage, receive earth station outage, earthquakes, tidal waves, hurricanes, snowstorms, rain fade, fires, floods, or electromagnetic radiation from the sun;
(ii) strikes, lockouts, labour disputes, work stoppages, embargoes or any other labour difficulties;
(iii) action or inaction by a government entity or agency; or
(iv) the unrelated action or inaction of a third party which is beyond RapidCloud Philippines Inc. reasonable control, which causes a delay or ultimately a failure to perform RapidCloud Philippines Inc. obligations under this Agreement.
IX. Limited Liability:
1. Client expressly agrees that use of RapidCloud Philippines Inc.'s Services is at Client's sole risk. Neither RapidCloud Philippines Inc., its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that RapidCloud Philippines Inc.'s services will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the services or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the RapidCloud Philippines Inc. services, unless otherwise expressly stated in this Agreement.
2. Under no circumstances, including negligence, shall RapidCloud Philippines Inc., its offices, agents or any one else involved in creating, producing or distributing RapidCloud Philippines Inc.'s services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the RapidCloud Philippines Inc. services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to RapidCloud Philippines Inc.'s records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on RapidCloud Philippines Inc.'s services.
3. Client is to monitor their own domain renewals/registrations. Please inform RapidCloud Philippines Inc. immediately if there is any discrepancies. RapidCloud Philippines Pte Ltd will not be liable for any domains it failed to secure even if payment is made in full. For such cases, RapidCloud Philippines Pte Ltd will refund the domain fees paid in full. Any penalties resulting from expired or deleted domains are to be borne exclusively by Client
4. Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement and any reasonable attorney's fee and court costs.
X. Lawful Purpose:
Client may only use RapidCloud Philippines Inc.'s Server for lawful purpose. Transmission of any material in violation of any International, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. RapidCloud Philippines Inc. expressly forbids anyone from using RapidCloud Philippines Inc.'s servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to pornography, satanic materials, and any and all materials of an adult nature. This also includes links or any connection to such materials. The designation of any materials as such described above is left entirely to the discretion of the RapidCloud Philippines Pte Ltd management.
Client agrees that it shall defend, indemnify, save and hold RapidCloud Philippines Inc. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against RapidCloud Philippines Inc., its agents, its customers, servants officers and employees, that may arise or result from 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 RapidCloud Philippines Inc. against Liabilities arising out of
(i) any injury to person or property caused by any products sold or otherwise distributed in connection with RapidCloud Philippines Pte Ltd's Server;
(ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party;
(iii) copyright infringement and (iv) any defective product which Client sold on RapidCloud Philippines Inc. Server.
(iv) any defective product which Client sold on RapidCloud Philippines Pte Ltd services.
XII. Contract Revisions:
Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Client on renewal of RapidCloud Philippines Inc.. Services as specified in Section I. Financial Arrangements.
XIII. Content Clause:
Client agrees not to publish adult-related, pornographic, or otherwise publicly offensive material using RapidCloud Philippines Inc.'s server. All content is subject to denial at any time on the basis of controversial media.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by the both parties upon renewal of services.
This Agreement shall be governed and construed in accordance with the laws of the Philippines and of the SBA.
Please print a copy of the Agreement for your reference.