|Terms of Service / Acceptable Use Policy (AUP)|
Conventions And Statements
Rogue Web Works, LLC is a Oregon LLC. Rogue Web Works, LLC customers are referred to as "customer" within this agreement.
Whereas Rogue Web Works, LLC is a Web Hosting Company supplying email services, web services as well as other "Internet"-related services, and whereas customer agrees to accept said services as such and on an as-is/best-effort service, unless customer has an SLA under a different contract, and pays for said services within the time limits outlined in this agreement, and furthermore agrees to the covenants of this AUP, as outlined below, Rogue Web Works, LLC will provide service to customer with the following stipulations understood between both parties and agreed to by both parties whether customer has read this agreement or not.
Terms of Services
Each account is serviced as "month to month" unless customer has a term contract. Rogue Web Works, LLC reserves the right to suspend or cancel customer's access to any or all services at any time should customer breach this AUP; break a local, state, federal or [applicable] international law, fails to pay for the account within 60 days of invoicing or commits a breach of ethics which warrants such an action; and whereas such termination of services does not put Rogue Web Works, LLC in violation of any local, state or federal law.
Account-Holder Identification Information
The customer is solely, legally responsible for this account. If the customer is under 18 years of age, customer must have parental or legal guardian consent in order to request and use Rogue Web Works, LLC services, and the account must be ordered by a parent or guardian, in their own name and they must accept sole legal responsibility for the actions of the "under 18" customer. The customer agrees to supply Rogue Web Works, LLC with a current and truthful name, postal address, email address and telephone number for our records; and the customer has a continued obligation to keep this information current. The customer also agrees that they or their parent/legal guardian are the authorized bearer of all credit card information that is supplied to us, and the customer understands and agrees that we have an obligation to fully investigate any possible fraudulent credit card use. All information customer provides that is of a personal nature (name, address, phone #, credit card number and other sensitive information) is kept strictly private and is not sold to third parties; it is solely for our own internal use.
Sharing or Reselling of Account
The customer as an individual, or the company the customer represents as an employee; agent or contract worker assumes sole responsibility for the actions of others who may use the customer's account with or without the customer's knowledge.
Rogue Web Works, LLC makes no warranties or representations of any kind for the services being offered. The service is provided on an "as-is," "best effort" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose with the sole exception being for customers who have a current, written SLA agreement with Rogue Web Works, LLC where language in the SLA supercedes this general clause and then only the parts of the SLA that conflict with this clause will also supercede the language in this clause. No advice or information given by Rogue Web Works, LLC or its agents or employees shall create a warranty. No employee, agent, consultant or anyone other than an officer of the corporation can create a warranty with the customer. Rogue Web Works, LLC provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Rogue Web Works, LLC be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from customer’s use of or inability to use the services provided by Rogue Web Works, LLC, or for third parties' use of the service to access the customer’s web space, email, or to access the Internet or any service thereof that Rogue Web Works, LLC offers, or the customer’s or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.
Certain aspects of Rogue Web Works, LLC's services have resource limitations such as disk space or bandwidth limitations. The customer understands and agrees that any use that exceeds of those limits will incur additional costs and customer agrees to pay those costs as outlined in our general retail pricing matrix.
Account Use - The Following Are Not Permitted
1. Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation. The customer is not permitted to harbor any of these in their websites, email accounts or transfer them using their connectivity accounts or use or access them in any way connected with Rogue Web Works, LLC. A breach of this clause may result in account termination, possible subpoenas for customer’s personal account information by damaged parties or legal authorities and possible civil or criminal litigation from damaged parties or legal authorities.
SPAM (Unsolicited Commercial or Pornographic) eMail
It is not permitted for a customer to send SPAM from any Rogue Web Works, LLC account. Rogue Web Works, LLC and its customers are protected by several state and federal laws, some of which carry criminal as well as civil penalties. Rogue Web Works, LLC adheres to the state and federal legal descriptions of what constitutes SPAM.
Rogue Web Works, LLC reserves the right to require changes or disable as necessary, any web site, account, database, or other component that does not comply with this policy, at its sole discretion. Rogue Web Works, LLC also reserves the right to make any such modifications in an emergency at our sole discretion.
Rogue Web Works, LLC reserves the right to require changes or disable as necessary any web site, email account, database, or other component that does not comply with this policy, at its sole discretion. Rogue Web Works, LLC also reserves the right to make any such modifications in an emergency at Rogue Web Works, LLC’s sole discretion.
Customer agrees to supply full payment for the services received from Rogue Web Works, LLC, in advance of the time period during which such services are provided. The customer agrees that until, and unless the customer notifies Rogue Web Works, LLC of their desire to cancel any or all services received, those services will be billed on a recurring basis, unless a separate contract is made that supersedes these terms. Returned checks and declined electronic funds transfers will incur a one-time $25.00 fee. Rogue Web Works, LLC reserves the right to change the monthly payment amount and any other charges at any time.
Customer accounts that are 31 days or more past due will be charged a 1.5% monthly finance charge. This charge will be on the total amount owed and will accumulate and be charged monthly (1.5% of the total owed that is past due, each month the account, or any part of the amount being owed is more than 31 days past due). 31 days past due is to be understood as any account that is not paid by 30 days past the invoicing date (not to be confused with the postmark on the received envelope, invoice or check). Payment must be received within 30 days; payments mailed within the 30 day limit which do not arrive within the 30 day limit will still be subject to the 1.5% finance charge.
Customer accounts over 60 days or more past due will be deactivated for nonpayment and subject to a reactivation fee in order to restore service(s).
Cancellation and Refunds
Rogue Web Works, LLC reserves the right to cancel the customer's account at any time for any breach of this AUP as long as said action does not violate state or federal laws governing proper notification of account termination. The customer may cancel their account at any time.
Customers who wish to cancel must do so by fax, written correspondence via postal mail (do not write cancellation requests on invoices, those will not be seen) or verbal instruction over the phone. Rogue Web Works, LLC will not respond to any other types of cancellation request. The customer will always be responsible for all charges within the month of cancellation (no pro-ration of fees permitted). Rogue Web Works, LLC must pay for most account infrastructures to other vendors; vendors who have the same policy of pro-ration. Therefore we have already committed funds on customer’s behalf for the whole month therefore we require the same of our customers. Some accounts may require notice and the customer will be billed for all charges for account periods of accounts cancelled without proper notice. Accounts paid in advance will be refunded for amounts paid past the current month only but not for amounts paid for more than 90 days in advance.
The customer must request a refund for services only where a refund is entitled and within 90 days of the termination of the service or a qualifying event for which customer is requesting a refund, unless other arrangements have been made in writing between the customer and Rogue Web Works, LLC. If customer asks for a refund within said time period but part of the refund period is older than 90 days the customer will not receive a refund for the months past the 90 day limit.
Backups and Data Loss
Rogue Web Works, LLC maintains backups of its own system files. Rogue Web Works, LLC maintains backups of most customer data for the integrity of the entire system. The customer agrees and understands that these backups may or may not be complete or timely in all cases and errors in backups can occur. Furthermore the customer agrees and understands that under no circumstances does the fact that Rogue Web Works, LLC does data backups that Rogue Web Works, LLC is warranting that said backups will be available, complete, or of sufficient integrity to restore the customer's data should it be lost, deleted, or otherwise corrupted and unusable. Rogue Web Works, LLC will not be liable for any data that is lost, deleted, corrupted or otherwise made unusable by the customer or by Rogue Web Works, LLC or one of Rogue Web Works, LLC's agents, employees, officers, or anyone acting on Rogue Web Works, LLC's behalf. Rogue Web Works, LLC shall always attempt to restore any lost data to its original form but will not under any circumstance warranty that as always being possible. Therefore, the customer is greatly cautioned that the use of Rogue Web Works, LLC services is at customer's sole risk. Rogue Web Works, LLC is not responsible for files, email and data residing in, or associated with, customer’s account. Customer agrees to take full responsibility for files and data transferred and stored at Rogue Web Works, LLC and to maintain all timely, complete and appropriate backups of files and data stored on Rogue Web Works, LLC servers, traversing Rogue Web Works, LLC servers or lines or in any way making use of Rogue Web Works, LLC facilities. In summary: Customer should maintain their own, separate backups of all data residing on Rogue Web Works, LLC or flowing through Rogue Web Works, LLC.
The customer agrees that it shall defend, indemnify, save and hold Rogue Web Works, LLC harmless from any and all demands, liabilities, losses, costs and claims, including attorney's fees asserted against Rogue Web Works, LLC, 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 the customer, its agents, employees or assigns. The customer agrees to defend, indemnify and hold harmless Rogue Web Works, LLC against liabilities arising out of; (1) any injury to person or property caused by any products or services sold or otherwise distributed in connection with Rogue Web Works, LLCs 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 Rogue Web Works, LLC.
Rogue Web Works, LLC will not be responsible for any damages to customer’s business, the customer themselves, or that others may suffer as a result of using any of Rogue Web Works, LLC's services even if it is the result of negligence on the part of Rogue Web Works, LLC employees, officers, agents or anyone acting on Rogue Web Works, LLC's behalf.
Rogue Web Works, LLC Copyrights and Patents
The customer may not make use of Rogue Web Works, LLC copyrighted material or service marks without express written permission from an officer of Rogue Web Works, LLC. Rogue Web Works, LLC holds a service mark registration to its name and its likeness as well as copyrights to all materials produced by Rogue Web Works, LLC including, but not limited to all images produced, pictures, and to all intellectual properties including but not limited to, proprietary designs, concepts, proprietary business methods, etc.
Changes to the AUP
Rogue Web Works, LLC reserves the right to revise its policies without prior notice. Rogue Web Works, LLC shall alert all current customers of changes to the AUP through its home page at www.roguewebworks.com. Rogue Web Works, LLC may or may not at its discretion also notify customers of changes via email or written mail notice.