Roc Media or its host
servers provide web hosting to numerous clients
which means that we have a responsibility to protect
each client and to provide the best services
available. The following guidelines were
established to ensure these crucial obligations are
met.
These Policies are intended for all domains &
hosting residing
on Roc Media or its host servers' servers, including
regular hosting clients, resellers, and their
clients. We ask that all clients reselling our
hosting services in any way, including those
providing non-virtual hosting services, implement
these same Policies, Guidelines, and Disclaimers
into their own web sites to ensure that the same are
understood and met by their clients.
Hosting Disclaimer:
All hosting plans are sold as
is with NO FREE SUPPORT. It is assumed
that you have experience in setting up your website,
creating and managing your email accounts and
managing your hosting site yourself or will be
hiring someone to do that for you. Our
hosting is low-cost for experienced users. Your
Welcome Letter will have information on accessing
your control panel, as well as your username and
passwords for access, ftp and more. Inside
your website's control panel, as you click on each button,
there are help buttons that give you assistance with each feature. Roc Media
welcomes inexperienced users, as long as you
understand that any support we provide in creating,
setting up or managing your account, including email
and folder management, ftp and more, is provided
only as a chargeable service and is NOT included free in
these low-cost plans. The cost for the plans is solely for
your rented space and the software behind it. If there
comes a time when there is any problem in the site software
itself, there is no charge to have your site "reset" so you
can use it again. Backup of your site content
is your responsibility. All support on hosting
accounts is provided by email.
If you want free support or do not
wish to pay for support using your account, or do not like
to use email for support, we would not
recommend these plans for you.
BILLING FOR HOSTING ACCOUNTS:
You will be billed by email at
least 30 days prior to the annual renewal of your
site. Be sure you update us on any email
address changes, so that you do not miss your bill
or have your account deleted or suspended.
Please be sure your payment reaches us no later than
the renewal/due date to avoid interruption in or
cancellation of hosting and email service.
Please call us if you need to make any other
arrangements, if you have any questions or concerns
or if you wish to cancel your hosting and email
service. If payment is not received by due
date, and you wish to continue your hosting, your
account will need to be reinstated and there will be
a $25 reinstatement fee (if paid within 5 days of
due date or if arrangements are made). If your
hosting is cancelled or unpaid by its due date, your
web site and all email will be deleted. That
means that you would have to rebuild your website
from your back ups or recreate the site. If
you are not backing up your site, you may want to
call us for instructions or help in doing so.
It is your responsibility to always have a back up
copy of your site. Although the host servers
do nightly backups, there is a fee for restoration
of your site and back ups are not 100% guaranteed,
because automated back ups are fallible. The
back ups are made for the servers, not for your
site. You are responsible for restoration of
your site, regardless of cause!
Hosting is of an instantaneous nature and it is
beyond our control to reinstate, reload or activate
unpaid accounts. Roc Media, Inc. is under the
rules of our host server, from whom we lease our
hosting space and these are their rules and
policies. These policies are the industry
standard and we choose to bring them to your
attention up front - so you may understand your
responsibility for your site & its contents.
BACKUPS:
You are responsible for your site, its content and
backing it up. You may pay us to back up your
site onto a CD for you - but if you do not, neither
our host servers nor Roc Media, Inc. are responsible
for any loss of sites, content or revenues due to
power outages, downed hard drives or other
unavoidable technical difficulties. It is wise
to have a back up of your site at all times!
The server ATTEMPTS to have back ups of your site,
but there is a heavy fee to reload a site from back
up and they WILL NOT guarantee the backups.
Again, the responsibility lies with the site owner.
Full backups are made weekly by our host server, and
backups of new/changed data made nightly. No
guarantees are made of any kind, either expressed or
implied, as to the integrity of these backups.
Backups are made for server restoration purposes
only. It is the clients’ responsibility to maintain
local copies of their web content any information.
If loss of data occurs due to an error of Roc Media
or its host servers, Roc Media or its host servers
will attempt to recover the data at no charge
to the client. If data loss occurs due to negligence
of client in securing their account or by an action
or inaction of the client, Roc Media or its host
servers will attempt to recover the data from the
most recent archive for an $80.00 fee. You can
hire Roc Media to back up your site for you anytime
you wish - the fee varies from $50 - $100, depending
on the size of the site. Copies are NOT kept
on site with Roc Media ever. They are sent to
the site owner for their safe keeping.
TRANSFERS:
If you are moving a current site to one of our
hosted accounts, it is your responsibility to have a
back up copy of your site at all times! If you
pay us to transfer your site for you, we will
attempt to do so, but there are many small issues
that can arise from transferring - problems on the
old hosts end or our end can interrupt the transfer
and files can be lost or not transferred properly.
That is why we insist that you have a copy of your
site and that you understand that you are
responsible for the content of your site. If
you hire us to do a site back up for you, then we
will assume that risk - but if we are just
transferring files, the risk is still yours and we
are not responsible for the transfer data itself
-only the act/time of transferring. (Remember
that "transferring" files is really a COPYING
process, we don't actually MOVE anything - the files
are copied and then uploaded to the new server.
If the old server (host) has down time or bad FTP
connectivity, occasionally a few files are missed in
the copy.) Our advice is to either make a back
up of your site, if you don't already have one, or
hire us to do that for you. We usually charge
$50 - $100 to back up your site, depending on the
size of the site.
RESELLERS:
Resellers and their clients are bound by these same
Policies, Guidelines and Disclaimers. By
reselling and purchasing Roc Media or its host
servers' services, you hereby agree that Roc Media
or its host servers shall not be held liable for any
promises or failure of same that Resellers extend to
their clients, including but not limited to, quality
of service, financial obligations, financial losses
or any other claim NOT provided to Reseller in
writing by Roc Media or its host servers. It
is the legal duty and obligation of the Reseller to
provide these policies and guidelines to its
client(s).
UN-MONITORED TRAFFIC RESTRICTIONS:
UN-MONITORED TRAFFIC does not apply to any domain
account consuming 20% or more of systems resources.
Following are a list of sites that will often
require more than 20% of our systems resources:
Multiple domains residing at a single IP address,
domains with archives or galleries, (i.e. .gif,
.jpg, .exe, .zip, .tar, etc.), and domain accounts
offering download files.
We are not saying that your web site can not contain
such files, however if at any time they consume 20%
or more of our systems resources you will be
contacted to resolve the problem.
UNACCEPTABLE ACTIVITIES:
These include spamming (sending unsolicited
advertising to those with which the customer has no
existing business relationship, posting off-topic
advertising in newsgroups); spoofing (using a return
email address which is not the valid reply address
of the sender or sending an email message which does
not contain enough information to enable the
recipient to identify the party who is really
sending the message; passive spamming (promoting a
web site hosted by Roc Media or its host servers by
spamming from some other source), trolling (posting
controversial messages in newsgroups to generate
responses), mail bombing (inundating a user with
email without any serious intent to correspond),
generating a higher volume of outgoing mail than a
normal user (20% or more of available system
resources), and subscribing someone else to an
electronic mailing list without that person's
permission. A message is considered
unsolicited if it is posted in violation of a
newsgroup charter or sent to a recipient who has not
requested the message. Making an email address
available to the public does not constitute a
request to receive messages. Distribution of mass
emailing programs is also prohibited. All
recipients on a mailing list must have personally
subscribed. Mailing lists may not be used to
distributed unsolicited email. Any customer
repeatedly "mail bombed" or that attracts such
behavior will be asked to leave. If you are
not sure if your actions will be in violation,
please ask first on our
Contact Us
page.
AGE:
Our clients must be 18 years of age or older to
obtain our service(s). In ordering services
from Roc Media, Inc., you are agreeing that you are
18 years of age or older.
Abuse of
the legal rights of others:
Examples of unacceptable activities in this regard
include posting private information about a person
without their consent, infringing intellectual
property rights, defaming a person or business, and
knowingly making available code which will have a
deleterious effect on third party computers.
Roc Media or its host servers support free speech on
the Internet, and will not suspend or cancel a
customer’s account simply because it disagrees with
the views expressed by the client. Where there
are allegations that a customer’s on line activity
has violated the legal rights of a third party, Roc
Media or its host servers will not substitute itself
for a court of law in deciding tort claims raised by
the third party.
Abuse of the law:
Roc Media or its host servers’ services may be used
for lawful purposes only. Illegality includes
but is not limited to: drug dealing; attempting
without authorization to access a computer system;
pirating (distributing copyrighted material in
violation of copyright law, specifically MP3s,
MPEG's, ROMs, and ROM emulators); gambling; schemes
to defraud; trafficking in obscene material; sending
a message or having content that is obscene, lewd,
lascivious, filthy, or indecent with intent to
annoy, abuse, threaten, or harass another person;
threatening bodily harm or damage to individuals or
groups; violating U.S. export restrictions;
stalking; or violating other state or federal law
such as the Electronic Communications Privacy Act,
the Computer Fraud and Abuse Act, or the Economic
Espionage Act. Linking to illegal material is
also prohibited. Roc Media or its host servers
reserve the right to check system files, email, and
other data on our servers for illegal content and
materials, or for any other reasons deemed
necessary.
Pornography:
Pornography and sex-related merchandising, or links
to such material, even if legal, is not an
acceptable use of Roc Media or its host servers’
servers.
Abuse of
Roc Media or its host servers' Server Resources:
Running programs in the background on a Roc Media or
its host servers' server without Roc Media or its
host servers prior written authorization, or running
chat rooms, Internet Relay Chat, IRC bots, and the
like are not acceptable uses of Roc Media or its
host servers' servers. Further, any usage of
twenty percent (20%) or more of our system resources
is an undue burden on our system and is
unacceptable. If your usage ever exceeds
twenty percent (20%) of system resources, you will
be contacted and asked to eliminate the problem.
In addition, any domain that exceeds ten gigabytes
of bandwidth traffic can be terminated without
prior notice.
Hacking/Cracking:
Roc Media or its host servers reserves the right to
report illegal activities to any and all regulatory,
administrative, and/or governmental authorities for
prosecution.
OTHER BEHAVIOR:
The following examples of unacceptable behavior are
non-exclusive, and are provided for guidance
purposes. If you are unsure if your actions
will be a violation of our policies
please ask.
Server broadcast messages or any message sent on an
intrusive basis to any directly or indirectly
attached network. Attempting to circumvent any
user authentication or security of host, network, or
account. Accessing data not intended for user.
Probing the security of any network. Spawning
dozens of processes. Port scans, ping floods,
packet spoofing, forging router information, Denial
of Service attacks, sniffers, flooding, spoofing,
ping bombing, smurfs, winnuke, land or teardrop.
Promulgation of viruses. IRC bots such as
eggdrop or BitchX. Any activity, whether
or not the intrusion results in the corruption or
loss of data, will be investigated and proper action
taken. The presence of any of these programs,
whether or not run, will result in action against
the user including suspension or termination.
CLIENT RESPONSIBILITY:
The client is responsible for all activity
originating from the account unless proven to be a
victim of outside hacking or address forgery.
The client is responsible for securing their
username/password. Use of Roc Media or its
host servers' service requires a certain level of
knowledge in the use of Internet languages,
protocols, and software. This level of
knowledge varies depending on the anticipated use
and desired content of the web space by the client.
The following examples are offered: Web Publishing:
requires knowledge of HTML, properly locating and
linking documents, FTPing Web contents, Graphics,
text, sound, image mapping, etc. FrontPage web
publishing: knowledge of the FrontPage tools as well
as Telnet and FTP understanding and capability.
CGI-Scripts: requires a knowledge of the UNIX
environment, TAR & GUNZIP commands, Perl, CShell
scripts, permissions, etc. Mail: a use of mail
clients to receive and send mail, etc. The
client agrees that he or she has the necessary
knowledge to create and maintain their web space.
Client agrees that it is not the responsibility of
Roc Media or its host servers to provide this
knowledge or support outside matter specific to Roc
Media or its host server's servers.
Roc Media does offer
fee-based training and support for users that need
training in management, design or administration of
their hosted site.
RESPONSIBILITY FOR SITE CONTENT AND DEALING WITH THE
PUBLIC:
Roc Media and it's host servers are NOT responsible
for your site content, your interaction with your
customers or web users in ANY way. If we
notice a violation of our rules, we may suspend or
cancel the account, but we are NOT responsible for
your lack of attention to detail, dealings with your
customers or clients or any other complaints or
problems that may be reported by visitors to your
site. SITE CONTENT AND DEALING WITH VISITORS
IS SOLELY THE RESPONSIBILITY OF THE SITE OWNER - NOT
THE WEB SITE HOST.
IP NUMBERS:
Roc Media or its host servers maintain control and
any ownership of any and all I.P. numbers and
addresses that may be assigned to the client and
reserves in its sole discretion the right to change
or remove any and all IP numbers and addresses.
MONEY BACK GUARANTEE:
Regular Hosting Clients - Should you become
unsatisfied with our services within the first 30
days of your account activation, Roc Media or its
host servers will refund your hosting fee, less the
set up fees, and one month's pro-rated premium at
the amounts stated in the chart below. These
prices may change without notice and are, in part,
determined by our host server policies.
HOSTING ACCOUNT PRORATIONS:
Any Roc Hosting Account cancelled before the yearly
renewal is prorated at by the month for time used
plus a $35 cancellation fee. The setup fees
are not refundable.
Individual Reseller's and Bulk Reseller's - In
the event that you become unsatisfied with our
services within 30 days of your reseller account
activation, only your initial account fees will be
refunded. Once you have added a resold account
to your Reseller Plan you will no longer qualify for
the money back guarantee/refund. We can not be
HELD LIABLE for any fees that you charge your
clients.
Roc Media or its host servers does not refund fees
which you have paid to any domain registrar or
others or for any other fees for domain
registration. Domain registrations processed
through Roc Media or our host servers are not
refundable.
LIMITATION OF LIABILITY:
Roc Media or its host servers shall not be
responsible for any claimed damages, including
incidental or consequential damages, which may arise
from Roc Media or its host servers' servers going
off line or being unavailable for any reason
whatsoever. Further, Roc Media or its host
servers shall not be responsible for any claimed
damages, including incidental or consequential
damages, resulting from the corruption or deletion
of any web site from one of Roc Media or its host
servers’ servers. All damages shall be limited
to the immediate termination of service.
Roc Media or its host servers shall be the sole
arbiter of what is and is not a violation of these
acceptable use policies. Roc Media or its host
servers reserve the right to terminate an account at
any time and for any reason that causes harm to any
Roc Media or its host servers' customer's web sites.
Roc Media or its host servers reserve the right to
delete all content and files upon termination.
Roc Media or its host servers reserve the right to
withhold any prepaid funds for any site removed for
violations of these policies. Roc Media or its
host servers reserves the right to refuse, cancel,
or suspend service at our sole discretion.
CONSULTING, NETWORKS, HARDWARE & SOFTWARE:
Although it has never happened, on the chance that
our consulting, service and/or advice creates or
appears to create a hardware or software conflict
that cannot be resolved to your satisfaction, Roc
Media, Inc. will make every attempt to
find you a satisfactory resolution to the problem,
but Roc Media, Inc. must not be held liable if a
resolution cannot be found. Roc Media, Inc. is also
not responsible for a working network, system,
hardware or software rendered inoperable by user
input, whether intentional or not. Roc Media, Inc. cannot
be held liable or responsible for user-input caused
problems. If these limitations are not to your
liking, please do not use our services.
Roc
Media reserves the right to non-renew any account or
cancel any client relationship at
any time for any reason, including but not limited
to, failure to pay, failure to pay in a timely
manner, inability to have a cooperative relationship
or any other reason. All non-renewals of hosting or
domain accounts will be given
a 30 day notice to find another host and move their account.
In the cases of failure to pay or late payments,
there is no 30 day notice. If we choose to be
forgiving and accept late payment at anytime, that
does not mean that it should ever be expected and
does not indicate future acceptance of late
payments.
Roc Media or its host servers reserve the right to
change these Policies without prior notice or
warning. Non-enforcement of any part of these
Policies does not constitute consent.
Violations of these Policies
should be referred to us at our
Contact Us
page.