USER SERVICE POLICIES & AGREEMENT, GUIDELINES & DISCLAIMERS

*This is our USER SERVICE POLICY & AGREEMENT!  By utilizing any of Roc Media's
services, hosting, domain names or design work, you agree to its terms! 

HOSTING, DOMAINS, BILLING, BACK UPS & EVERYTHING ELSE:

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.