TERMS AND CONDITIONS
RailsPlayground’s services include, but are not limited to:
Ownership of Web Site
The legal owner of customers’ Web sites and accounts with RailsPlayground will be the individual or organization whose name is listed in RailsPlayground’s database as the owner. Customers will fully cooperate with and abide by any and all of RailsPlayground’s security measures and procedures in the event of any dispute over ownership of customers’ Web sites and accounts with RailsPlayground.
RailsPlayground servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing RailsPlayground services, all RailsPlayground customers certify that they and/or the organization they represent in procuring services from RailsPlayground are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a ‘suspected terrorist’ as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”) is prohibited, regardless of whether or not it overloads a server or disrupts service to RailsPlayground’s customers. The term “spamming” also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a RailsPlayground server, and selling or distributing software (on a Web site residing on a RailsPlayground server) that facilitates spamming. Violators will be assessed a minimum fine of US$200 and will face immediate suspension. RailsPlayground reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
System and Network Abuse
Violations of system or network security are prohibited and may result in criminal and civil liability including a fine of $500 per incident. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
Viruses and Other Destructive Activities
Use of RailsPlayground’s services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use RailsPlayground’s services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
The Digital Millennium Copyright Act (“DMCA”) sets forth the law regarding the use of copyrighted materials on the Internet. All RailsPlayground customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a RailsPlayground customer (per the DMCA) to RailsPlayground must follow the below procedures. Copyright infringement notifications submitted to RailsPlayground according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at RailsPlayground’s sole discretion.
DMCA Copyright Infringement Notification Requirements
Pornography and sex-related merchandising are prohibited on RailsPlayground servers. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.
The use of RailsPlayground’s services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. RailsPlayground is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
RailsPlayground is concerned with the privacy of on-line communications and Web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, RailsPlayground urges its customers to assume that all of their on-line communications are insecure. RailsPlayground cannot take any responsibility for the security of information transmitted over RailsPlayground’s facilities.
Customers are required to use the RailsPlayground network responsibly. This includes respecting the other customers of RailsPlayground. RailsPlayground reserves the right to suspend and/or cancel service with any customer who uses the RailsPlayground network in such a way that adversely affects other RailsPlayground customers. While RailsPlayground may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, RailsPlayground does not monitor its customers’ communications or activities to determine whether they are in compliance with the TOU. However, when RailsPlayground becomes aware of any violation of the TOU or other user agreements, RailsPlayground may take any action to stop or correct such violation, including, but not limited to, denying access to RailsPlayground’s services and equipment or to the Internet. In addition, RailsPlayground may take action against a customer or a customer of such customer because of the activities of such customer. RailsPlayground anticipates that customers who offer Internet services will cooperate with RailsPlayground in any corrective or preventive action that RailsPlayground deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of RailsPlayground policy and RailsPlayground reserves the right to take any such action even though such action may affect other customers of the RailsPlayground customer.
Actions Taken by RailsPlayground
The failure by a customer to meet or follow any of the TOU is grounds for account deactivation. RailsPlayground will be the sole arbiter as to what constitutes a violation of the TOU. RailsPlayground reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When RailsPlayground becomes aware of an alleged violation of its TOU, RailsPlayground will initiate an investigation. During the investigation, RailsPlayground may restrict a customer’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, RailsPlayground may, at its sole discretion, restrict, suspend, or terminate a customer’s Web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, RailsPlayground will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. RailsPlayground does not issue credits for outages incurred through service disablement resulting from TOU violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by RailsPlayground.
RailsPlayground customers agree to protect, defend, hold harmless, and indemnify RailsPlayground, any third party entity related to RailsPlayground (including, without limitation, third party vendors), and RailsPlayground’s executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as RailsPlayground, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer’s use of RailsPlayground’s services.
The RailsPlayground service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. RailsPlayground expressly disclaims any representation or warranty that the RailsPlayground service will be error-free, secure or uninterrupted. No oral advice or written information given by RailsPlayground, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. RailsPlayground and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Termination for Bankruptcy or Insolvency
If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, RailsPlayground may immediately terminate provision of RailsPlayground’s services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against RailsPlayground in such event.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL RailsPlayground (INCLUDING, WITHOUT LIMITATION, RailsPlayground’S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS RailsPlayground, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING RailsPlayground’S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR RailsPlayground SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY RailsPlayground SERVICES EVEN IF RailsPlayground HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RailsPlayground’S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR RailsPlayground’S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY RailsPlayground OR RailsPlayground’S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
RailsPlayground may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with RailsPlayground’s services. Certain changes to RailsPlayground’s services may affect the operation of customers’ personalized applications and content. Each customer is solely responsible, and RailsPlayground is not liable, for any and all such personalized applications and content, except as expressly agreed to by RailsPlayground.
Backup of Data
Customers are solely and entirely responsible, and RailsPlayground is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with RailsPlayground services.
Third Party Licenses
RailsPlayground makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively “Technologies”), part of which may be licensed, or co-branded, from or by, third party entities. However, RailsPlayground makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, RailsPlayground specifically disclaims all warranties of merchantability and and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold RailsPlayground liable in any way for the revocation of any license, which has been licensed to RailsPlayground. The use of the Technologies obtained from or through RailsPlayground, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.
Any mention of non-RailsPlayground products by RailsPlayground, its employees, or any third party entity related to RailsPlayground is for information purposes only and does not constitute an endorsement or recommendation by RailsPlayground. RailsPlayground disclaims any and all liabilities for any representation or warranty made by the vendors of such non-RailsPlayground products or services.
RailsPlayground’s Intellectual Property
Customers will not, without RailsPlayground’s express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on RailsPlayground’s Web site, and customers will not use any of RailsPlayground’s trademarks, service marks, copyrighted materials, or other intellectual property without RailsPlayground’s express written consent. Customers will not, in any way, misrepresent their relationship with RailsPlayground, attempt to pass themselves off as RailsPlayground, or claim that customers are RailsPlayground.
Customers may not assign or delegate their rights or obligations under the TOU or other agreement for RailsPlayground’s services, either in whole or in part, without the prior written consent of RailsPlayground.
Minimum Age Requirement
RailsPlayground customers must be at least 18 years of age. Any individual under the age of 18 years (“Minor”) must have a parent or guardian accept the TOU in order for the Minor to become a RailsPlayground customer. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for RailsPlayground services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains RailsPlayground’s express written consent to the contrary. Any acceptance of the TOU or any other agreement for RailsPlayground’s services will be deemed null and void to the extent that RailsPlayground will not be liable in any way as a result of the Minor’s age or legal incapacity or the Minor’s use of RailsPlayground’s services.
Governing Law and Severability
The TOU, and any other agreement for RailsPlayground services, will be governed by and construed in accordance with the laws of the State of Oregon, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and RailsPlayground will take place in Oregon, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other RailsPlayground agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.
RailsPlayground will not be liable for delays in its performance of the TOU or RailsPlayground services caused by circumstances beyond RailsPlayground’s reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively “Force Majeure”). RailsPlayground will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.Waiver and AmendmentAny waiver, modification, or amendment of any provision of the TOU or other agreement for RailsPlayground services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of RailsPlayground.
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between RailsPlayground and its customers. Each of RailsPlayground and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
Construction and Interpretation
Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.
Complete Agreement and Exclusivity
The TOU, and/or any other specific agreement for RailsPlayground services, constitutes the complete understanding and agreement between RailsPlayground and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of RailsPlayground, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for RailsPlayground services is between RailsPlayground and its customers only and will not confer any rights in any third party except as otherwise expressly provided by RailsPlayground.
RailsPlayground Customer Billing Policy
All charges are shown in US Dollars. Payments are to be made in US dollars. RailsPlayground accepts the following types of payment:
All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. If you provide RailsPlayground your credit card information, you authorize RailsPlayground to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with RailsPlayground’s Billing Policy in the TOU. You are responsible for directly updating, or notifying RailsPlayground, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status).
Accounts that are ten (10) days past due will be subject to suspension. Reactivation of a hosting account will include a $5.00 service charge, and reactivation of a reseller account will include a $15.00 service charge. Dedicated subscribers which are past due will be subject to a $25.00 late payment fee per past due invoice. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney’s fees, court costs, and collection agency fees.
Billing Cycles (Terms)
RailsPlayground offers two Billing Cycles (terms) for hosting charges: Monthly, and Yearly (12 months). The Billing Cycle begins on the Plan Activation Date.
You may elect to change your Billing Cycle at any time.
Additional items including dedicated IP addresses, SSL Certificates, application installations, and monitoring/management services are non-refundable.
In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan’s Billing Cycle. Plan renewal charges are based on the rate of the initial purchase date according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.
RailsPlayground does not mail paper invoices or statements. Statements can be viewed and printed through the RailsPlayground Account Manager.
Hosting plans will automatically renew until a plan is cancelled. In order to cancel service, you must submit a cancellation request from the authorized contact of your account by sending an email to firstname.lastname@example.org. RailsPlayground’s customer service representatives will assist you with the cancellation process. Please be aware that there are no pro-rated refunds after the first 30 days of service.
Cancellation requests must be received by RailsPlayground a minimum of thirty (30) days prior to the end of your Billing Cycle for dedicated server plans and a minimum of ten (10) days prior to the end of your Billing Cycle for all other plans not including domain registrations. Cancellation request for domains renewals must be received a minimum of sixty (60) days prior to the domain renewal date. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by RailsPlayground. RailsPlayground is unable to cancel your account effective for a future date. RailsPlayground will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact RailsPlayground as soon as possible.
RailsPlayground will not provide partial refunds for early terminations. Annual service agreements paid on a monthly recurring basis will require 100% payment in full for remaining agreement length at the time of any early termination.
RailsPlayground does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to RailsPlayground’s services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. RailsPlayground reserves the right to cancel any account, at any time, without notice, for any reason RailsPlayground considers appropriate.
If you go over your monthly bandwidth limits on your plan, you will be charged $0.30/GB for each GB you go over your monthly limit.
30-Day Money Back Guarantee
Each of RailsPlayground’s shared hosting plans carries a 30-day unconditional money back guarantee. If you are not completely satisfied with our services or support within the first 30 days, you will be given a full refund of the fees paid in advance (excluding setup fees) upon plan cancellation. The following services do not qualify for the 30 Day Money Back Guarantee: additional items and services; domain name registration; dedicated servers; vps servers; business hosting plans; items and services ordered through the reseller program; domain parking plus; and overage fees.
Uptime Guarantee on SolidRails business hosting plans
Our uptime guarantee is backed by service credit only up to a 100 % credit for the month on our business hosting plans only. This only includes unplanned outages and does not included scheduled maintenance which is posted at noc.railsplayground.net. This also does not included upstream network outages, DDOS/DOS attacks, and datacenter power failures. Service credit is issued on the following scale:
Refunds are only available in accordance with the 30 Day Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after 30 days.
Credit Card Disputes/Chargebacks
RailsPlayground has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at RailsPlayground’s discretion.
RailsPlayground’s policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.
Last Updated: 10/15/2013