Terms of Service

Rapid Hosting reserves the right to change this Policy from time to time.

All services provided by Rapid Hosting are to be used for lawful purposes only.  Transmission, storage or presentation of any informaiton, data or material in violation of any Australian Federal, State or Local law or the laws of any other relevant jurisdiction is prohibited.  This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws.  The subscriber agrees to indemnify and hold harmless Rapid Hosting, from any claims resulting from the subscriber's use of Rapid Hosting's services which damages the subscriber or any other part.

Note: Pornography and sex related merchandising are prohibited on any Rapid Hosting server.  This includes sites that may imply sexual content, or link to adult content elsewhere.  This is also true for site that promote any illegal activity or content that may be damaging to Rapid Hosting servers or any other server on the Internet.  Links to such materials are also prohibited.

Examples of prohibited content or links include (but are not limited to):

• IRC Software
• Pirated Software
• Hacking Programs, Scripts or Archives
• Warez Sites
• Distribution of music files or any other material in which the account holder does not own the copyright.
• Adult Sites
• Game Servers (dedicated game server programs)

Rapid Hosting will be the arbiter as to what constitutes a violation of this provision.  Content that does not meet these standards will be removed without prior notice to the subscriber.

As such, housing of any of the following files is considered a violation of the terms of service:

IRC: We currently do not allow IRC, Egg Drops, BNC or IRC bots to be operated on any of our services or networks.  Files with references to IRC or any likeness thereof are prohibited.  Any program that acts like an IRC server or that provides chat functions that run as a background process or processes are not allowed.

Proxies: We do not allow proxy servers of any kind, whether for personal or business use.  Files with references to any proxy or likeness thereof are prohibited.

PortScanning: We do not allow any kind of Port Scanning to be done on or from our servers or networks.  Files with references to any Port Scanning or likeness thereof are prohibited.

Commercial Advertising Email: Spamming, i.e. the sending of unsolicited email, from any Rapid Hosting server or any server located on the network is STRICTLY prohibited.  Rapid Hosting will be the arbiter as to what constitues a violation of this provision.  This also includesOptin Optout mail programs and mail that either directly or indirectly references a domain contained within an account at Rapid Hosting.  In addition to termination of any account found to be in violation, there will also be a $100 penalty fine applied for every valid spam complaint processed by Rapid Hosting staff.

ShoutCast Servers: We do not allow ShoutCast Servers on any Rapid Hosting servers or on the network.  Files with references to any ShoutCast or likeness thereof are prohibited.

Background Running Programs and Processes: We do not allow any kind of background running programs or processes on shared or reseller packages.  The aforementioned restriction does not apply to VPS or Dedicated Platforms.

PHP Shell: PHP Shells or any likeness thereof are prohibited.  Files with any reference to PHP Shells or likeness thereof are prohibited.

Server Abuse: Any attempts to undermine or cause harm to Rapid Hosting servers or any subscriber of Rapid Hosting is strictly prohibited including, but not limited to:

• Loggin into a server or account that you are not authorised to access.
• Accessing data or taking any action to obtain services not intended for you or your use.
• Attempting to probe, scan or test the vulnerablity of any system, subsystem or network.
• Tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures without proper authorisation.
• Transmitting material that contains viruses, Trojan hoses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destorying, disrupting or otherwise impairing a computer's functionality or the operation of a computing system or network.
• Interfering with, intercepting or expropriating any system, data or information.
• Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding", "mailbombing", or "crashing" any computer system.

The owner of the account will be held responsible for all actions performed by their account, whether it has been done by them directly or a 3rd-party, with or without your knowledge.

All sub-networks of Rapid Hosting must adhere to the above policies.

Rapid Hosting reserves the right to inspect, monitor and otherwise view material either stored or transmitted on our Servers or Network to enforce all of the above polices.  Breaches to any policy will be delt with on a case-by-case basis.

Referral Program

Anyone may register to Refer their own page viewers to Rapid Hosting.  You must link in good faith and must not offer a service or offer not currently available.  You may not "trick" or redirect viewers from your site without your user's consent in the form of a "click".  Any client or registered member found in violation of these conditions will be immediantly banned and will forgo any commissions or bonuses earnt.

Indemnification Policy

You agree to use all Rapid Hosting services and facilities at your own risk.  Rapid Hosting specifically disclaims all warranties of merchantability and fitness for a particular purpose.  In no event shall Rapid Hosting be liable for any loss, or loss of data, or other commerical damage, including by not limited to special, incidental, consequential or other damages.  Customers agree that it shall defend, indemnify, save and hold Rapid Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Rapid Hosting, 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.

Content Policy

All services provided by Rapid Hosting may be used for lawful purposes only.  Transmission, storage, or presentation of any information, data or material in violation of any Australia or United States Federal, State or City law is prohibited.  This includes, but is not limited to, copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorisation.  the subscriber agrees to indemnify and hold harmless Rapid Hosting from any claims resulting from the user of the service which damages the subscriber or any other party.

Pornography

All pornography material is strictly prohibited on all Rapid Hosting servers and it's networks.  This includes sites that may infer sexual content, or links to adult content elsewhere.  Rapid Hosting will be the sole arbiter in determining violations of this provision.  Also prohibited are sites that promote any illegal activity or present content that may be damaging to Rapid Hosting servers or any other server on the Internet.  Links to such material are also prohibited.

Backups

Full backups are made nightly.  No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups.  Backups are made for Rapid Hosting server restoration purposes only.  It is the client's responsibility to maintain local copies of their web content, databases, emails, logs and any other data stored on our servers.  Where a client requests a backup to be resotred where Rapid Hosting is not responsible for data loss, fees may apply.

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