Terms of Service

IMPORTANT NOTICE: Payments to Rayserv Host are only refundable, for 10 working days after payment is made, for which the Company must receive written notice of cancellation of contract from the subscriber. Administrative charges that have been undertaken at the time of cancellation cannot be refunded.

Rayserv Host ("The Company") agrees to supply services to the Subscriber, subject to the following TOS (Terms of Service). Use of the Rayserv Computers Service constitutes acceptance and agreement to Rayserv Host AUP as well as Rayserv Host TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of Rayserv Host and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. The Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment. This Agreement shall be construed in all respects in accordance with the laws of the United Kingdom, London (The location of our servers).

1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, the Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent from the Subscriber. In this event the Subscriber will receive written notice from Rayserv Host within 5 working days which will incur an Administration Charge of not more than £100. In addition Rayserv Host shall have the right to terminate all service set forth in this Agreement.

2. Service Rates: Subscriber acknowledges that the nature of the service supplied and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to Company by its suppliers.

3. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. If your payment does not arrive within 5 days of the anniversary date, the account will be terminated until such time as the payment is received.

4. Payments and Fees: Service will be terminated on accounts that reach 5 days past date of due payment. Service interrupted for non-payment is subject to a £15 reconnection charge. Accounts not paid by the due date are subject to an additional £5 late fee.

5. Refund and Disputes: Payments to Rayserv Host are only refundable within 10 working days of contract date and only under circumstances of minimal usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Rayserv Host's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Rayserv Host an "Administrative Fee" of not less than £30 and not more than £150.

6. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, upon termination or denial of service, all due payments must be made within 30 days.

7. Account Cancellation: All requests for cancelling accounts must be made by email to sales@rayservpc.co.uk using the email that they subscribed with.

8. Liability: Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the Company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the Company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the Company. Subscriber further acknowledges that the Company will not be liable for any damage or loss to the Subscriber from the usage of our service.

9. New Domain Accounts: All new web hosting accounts involving new domains will normally be set up and entered into our DNS servers within 1 to 3 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by Rayserv Computers, on behalf of the account holder a handling fee will be incurred, and the domain will automatically be moved onto our nameservers.

10. Transfer of Domains: New web hosting accounts which involve the transfer of a domain from another provider to Rayserv Host will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. Rayserv Host is not responsible for the transfer of Domains. If the customer cancels service during the transfer period for any reason, all charges are considered earned.

11. Ownership of Domains: The Subscriber has full Ownership of Domains registered by Rayserv Host, and may at any time request the transfer of the Domain. Rayserv Host uses Enom.com. The Subscriber must have a Enom account in order to gain full control over the Domain from the Company.

12. Support Boundaries: Rayserv Host provides limited technical supports to our subscribers. We limit our technical support to our area of expertise. The following is our guidelines when providing support: Rayserv Host provides support related to your accounts physical functioning. Rayserv Host does not offer tech support for application specific issues such as CGI programming, HTML or any other such issue. Rayserv Host does not provide technical support for a customer of a customer (i.e. customers of a customer who are reselling Rayserv Host services). If you can email, we encourage you to email sales@rayservpc.co.uk for assistance. If you are able to get online and have other questions, the answers may be on our home page at http://www.rayserv.co.uk/ - we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before contacting Rayserv Host support. Currently, Rayserv Computers does not provide support to customers via telephone.

13. SPAM and Unsolicited Commercial Email (UCE): Rayserv Host takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Rayserv Computers may not use or permit others to use our network to transfer UCE. Customers of Rayserv Host may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service and a fee of no less than £70 and no more than £200.

a. Violation of Rayserv Host's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Rayserv Computers will initiate an immediate investigation (within 48 hours of notification). During the investigation, Rayserv Host may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Rayserv Host may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Rayserv Computers reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Rayserv Host will notify law enforcement officials if the violation is believed to be a criminal offense.

b. First violations of this policy will result in an "Administrative Fee" of £50 and your account will be reviewed for possible termination. A second violation will result in an "Administrative Fee" of £150 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed £75 per hour that Rayserv Host personnel must spend to investigate the matter.

c. As our Customers are ultimately responsible for the actions of their clients over the Rayserv Host network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

IMPORTANT NOTICE: BEGINNING IMMEDIATELY, anyone hosting websites on a Rayserv Computers server/account that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account immediately removed from our network. The account will not be re-enabled and an "Administrative Fee" of up to £100 will be charged. Severe violations may result in immediate and permanent removal of the account from our network without notice to the customer. Any account guilty of a second violation WILL be immediately and permanently removed from our network without advanced notice, and an "Administrative Fee" of up to £1000 will be charged.

14. Network Resources:

a. IP Address Ownership: If Rayserv Host assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Rayserv Host, and Customer shall have no right to use that Internet Protocol address except as permitted by Rayserv Computers in its sole discretion in connection with the Services, during the term of this Agreement. Rayserv Host shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Rayserv Host, and Rayserv Host reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST only order an IP if you require SSL enabled on your website. We will periodically review IP address usage, and if we find that clients are using IP addresses where SSL is not required, we will revoke authorization to use those IP addresses.

b. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Rayserv Host will monitor Customer's bandwidth and disk usage. Rayserv Host shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Rayserv Host's sole and absolute discretion. If Rayserv Host takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Rayserv Host may, at its sole discretion, include addition charges in line with the relevant service tariff which must be paid within 30 days of receipt of the invoice. Repeated overuse will result in our recommendation to upgrade to a more premium service.

c. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Rayserv Host Network. Violations of system or network security may result in civil or criminal liability. Rayserv Computers will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

i. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access. ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing". iv. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. v. Taking any action in order to obtain services to which such User is not entitled.

15. Notification of Violation:

a. Rayserv Host is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

b. First violation: Any User, which Rayserv Computers determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Rayserv Host's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

c. Second Violation: Users that Rayserv Host determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice and an "Administrative Fee" of up to £100.

d. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your account or a customer's account, or if denial of service attacks are originating from your account. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

16. Suspension of Service or Cancellation: Rayserv Host reserves the right to suspend network access to any customer if in the judgment of the Rayserv Host network administrators that the customer's account is the source or target of the violation of any of the other terms of the AUP or for any other reason which Rayserv Host chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's accounts were suspended.

17. Amendment of Policies: Rayserv Host reserves the right to amend its policies at any time. All Sub-Networks and resellers of Rayserv Host must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

18. Indemnification: Rayserv Host wishes to emphasize that in agreeing to the Rayserv Host Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Rayserv Host for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Rayserv Computers or the bringing of any claim against Rayserv Host by any third-party. This means that if Rayserv Host is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Rayserv Host, plus all costs and solicitors fees.

19. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, postal, and telephone contacts are used, in that order of preference.

a. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof. b. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation. c. Rayserv Host takes no responsibility for any material input by others and not posted to the Rayserv Host Network by Rayserv Host. Rayserv Host is not responsible for the content of any other websites linked to the Rayserv Computers Network; links are provided as Internet navigation tools only. Rayserv Computers disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy. d. Rayserv Host is not responsible for any damages your business may suffer. Rayserv Host does not make implied or written warranties for any of our services. Rayserv Host denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Rayserv Host. e. you may host IRC servers (known as Deamons) on the Rayserv Host servers but abuse of this service may be subject to immediate cancellation without refund.

20. IRC Support: Rayserv Host operates an IRC channel #rayserv on irc.rayserv.co.uk for support and sales questions. Because of the insecure nature of IRC, communication through this method should be considered as unofficial. Any information you receive or send on IRC will not be considered the official view of Rayserv Host. Official communication by Rayserv Host will be sent through Email, telephone or post. Private account information (Defined as passwords, billing information, or other sensitive information) should not be discussed on IRC. If there is a dispute with information received from Rayserv Computers which has been sent via an official method, please contact Rayserv Computers by Email. Because of the nature of IRC, and the fact that it cannot be reliably logged, Rayserv Host can only uphold any decision which has been sent through Email or telephone.

21. Responsibility for Content:
You, as customer, are solely responsible for the content stored on and served by your account.