Terms of Service
Rockwell Networks, LLC (hereinafter referred to as the “Rockwell Networks”).Rockwell Networks provides Internet World Wide Web page hosting, Marketing, and Development. Rockwell Networks has certain legal and ethical responsibilities consisting with the use of its server and equipment involved in these services.
Rockwell Networks general policy is to act as a provider of Internet presence, website development, and Internet services. Rockwell Networks has specific ethical concerns regarding the use of its computers detailed below. Rockwell Networks reserves the right to suspend or cancel a customer’s access to any or all services provided by Rockwell Networks when we decide that the account has been inappropriately used.
Any attempt to undermine or cause harm to a server, or customer, of Rockwell Networks is strictly prohibited.
Unauthorized use of other people’s accounts or computers, Rockwell Networks’ will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include “Internet scamming” (tricking other people into releasing their passwords), password robbery, security hole scanning, etc.
Any unauthorized use of accounts or computers by a Rockwell Networks customer, whether or not the attacked account or computer belongs to Rockwell Networks, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE – Rockwell Networks has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below
Customers may not run IRC, bots or clients. Unacceptable uses also include, but are NOT limited to Bulk emailing, unsolicited emailings, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by Rockwell Networks to be unacceptable use of Rockwell Networks’s services including abuse of server resources.
Accounts may be terminated that include the following content or which have links to the following content:
Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual. Displaying material containing obscene nudity or pornographic material. Displaying material that exploits children under 18 years of age. Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
Abuse of Resources
To maintain the integrity of our service, the following limitations apply:
Sites with banners, graphics or CGI scripts running from their domain used on other domains. Sites with picture galleries (This is any site where 50% of the files transferred are graphics) Sites offering download files or archives. (This is any site where 50% or more of there monthly traffic is from file downloads). Sites using more than 30% of system resources for longer than 60 seconds. Sites running multimedia files (QuickTime, Real Audio, Real Video, MP3). MP3’s are not allowed!
We reserve the right to suspend any account that effects normal server operation without prior warning.
Rockwell Networks will be the sole arbiter as to what constitutes a violation of this provision.
Failure to follow will result in suspension of email services until compliance is met. Attached files are not allowed in bulk email. Accounts sending bulk email that causes high server loads will be suspended. You are solely responsible for maintaining your mailing list. Bulk Emails are limited to 350 recipients per message.
Bulk Emailing Principles
All communications must be consensual.
No one should ever have to unsubscribe from a list they did not intentionally subscribe to.
All bulk mailings will include a simple method of ‘opt-out’ of the list.
All returned/bounced messages must be removed from list.
Guidelines and Practices
The following guidelines are offered as a statement of Internet standards and best current practices for proper mailing list management.
Permission of new subscribers must be fully verified before mailings commence. This is usually accomplished by means of an email message sent to the subscriber to which s/he must reply or containing a URL which s/he must visit in order to complete the subscription. However it is implemented, a fundamental requirement of all lists is for verification of all new subscriptions.
Every subscriber message must include a simple method to terminate a subscription. Mailing list administrators must provide a simple method for subscribers to terminate their subscriptions, and administrators should provide clear and effective instructions for unsubscribing from a mailing list. Mailings from a list must cease promptly once a subscription is terminated.
There should be alternative methods for terminating a subscription. Mailing list administrators should make an “out of band” procedure (e.g., an email address to which messages may be sent for further contact via email or telephone) available for those who wish to terminate their mailing list subscriptions but are unable or unwilling to follow standard automated procedures.
Undeliverable addresses must be removed from future mailings. Mailing list administrators must ensure that the impact of their mailings on the networks and hosts of others is minimized. One of the ways this is accomplished is through pruning invalid or undeliverable addresses.
Mail volume must take recipient systems into account. List administrators must take steps to ensure that mailings do not overwhelm less robust hosts or networks. For example, if the mailing list has a great number of addresses within a particular domain, the list administrator should contact the administrator for that domain to discuss mail volume issues.
Steps must be taken to prevent the use of a mailing list for abusive purposes. The sad fact is that mailing lists are used by third parties as tools of revenge and malice. Mailing list administrators must take adequate steps to ensure that their lists cannot be used for these purposes. For example, administrators can maintain a “suppression list” of email addresses from which all subscription requests are rejected. Addresses would be added to the suppression list upon request by the parties entitled to use the addresses at issue. The purpose of the suppression list would be to prevent the forged subscription of addresses by unauthorized third parties. Such suppression lists should also give properly authorized domain administrators the option to suppress all mailings to the domains for which they are responsible.
Terms and conditions of address use must be fully disclosed. Mailing list administrators must make adequate disclosures about how subscriber addresses will be used, including whether or not addresses are subject to sale or trade with other parties. Also, conditions of use should be visible and obvious to the potential subscriber. For example, two lines buried deep within a license agreement do not constitute adequate disclosure.
Acquired lists must be used for their original purpose. Those who are acquiring fully verified opt-in lists must examine the terms and conditions under which the addresses were originally compiled and determine that all recipients have in fact opted-in to the type mailing list the buyer intends to operate.
The nature and frequency of mailings should be fully disclosed. List administrators should make adequate disclosures about the nature of their mailing lists, including the subject matter of the lists and anticipated frequency of messages. A substantive change in the frequency of mailings, or in the size of each message, may constitute a new and separate mailing list requiring a separate subscription.
One subscription, one list. Addresses should not be added to other lists without fully verified consent of the address owner. It should never be assumed that subscribers to a list about foo want to be added to another foo list, let alone a list about goo. A notification about the new mailing list may be appropriate on the existing mailing list, but existing subscribers should never be subscribed automatically to the new list.
Unsolicited Email (Spam)
Unsolicited commercial advertisements (spam) are not allowed in e-mail.
SPAMMERS WILL BE IMMEDIATELY TERMINATED WITHOUT WARNING!
Rockwell Networks take a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers.
What is Spam?
Unsolicited bulk or commercial messages (“spam”). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain.
Forging, altering, or removing electronic mail headers is prohibited. Any domain sending stealth spam will be terminated without warning and without refund.
Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account (“mail bombing”).
Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most email mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing list’s charter for whether advertising is allowed or not. “Spamming,” or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.
Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving email, you must not send that person any further messages.
Note: If you use the services of another provider to promote a web site hosted by or through Rockwell Networks(spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers.
Spammers will be charged a $250 fee then $10 handling fee for every spam message sent.
Rockwell Networks will be the sole arbiter as to what constitutes spam.
CGI, PERL, PHP, ASP, SSI Scripts
You are free to use any script you wish; however, we reserve the right to disable any script that effects normal server operation without prior warning.
We do not allow clients to install their own chat rooms, without approving it with the Rockwell Networks Support Team. Most chat rooms tend to be large system hogs, and we cannot allow it as an account option. However, we do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others.
Abuse of SMTP Mail Server
We do not allow clients to send more than 2000 pieces of email per day. If you do send more than 2000 pieces of email per day, your account will be placed on hold for Network Abuse. If you are sending legitimate emails and they total more than 2000 per day, your account will be moved to a special server that is specifically designed to handle high volumes of email. You will be charged $75.00/month in addition to your regular hosting charges if your account is moved to this server. Please contact support to have your domain moved.
Background Running Programs
We may allow programs to run continually in the background. These are considered on a one-to-one basis, and an extra charge will be incurred based on system resources used and operational maintenance needed.
We currently do not allow IRC or IRC bots to be operated on our servers.
All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts, and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. Rockwell Networks reserves the right to change prices at any time unless other terms have been agreed upon.
Credit cards are kept on file and billed accordingly. There is a $2.00 daily fee for each declined credit card occurrence. Please keep your client profile updated. Invoices are Due Upon Receipt. Past due accounts will be suspended after three days and deleted in 7 days.
Suspended accounts will be charged a $20 reactivation fee.
Rockwell Networks reserves the right to cancel service at any time. All fees paid in advance of cancellation will be prorated and paid by Rockwell Networks if Rockwell Networks institutes it’s right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e., transfer, space, etc.)
All of Rockwell Networks’s web hosting plans are backed by a 30-day money-back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount excluding setup fees, domain registration fees, addon/upgrade fees, and overages. Setup fees are refundable only if the account order is canceled prior to account activation. For all web hosting clients who cancel, the full contract amount less any setup fees and overages will be refunded if Rockwell Networks is notified within the first 30 days following activation. No refund is available after the 30th day.
Intellectual Property Rights
Material accessible to you through Rockwell Networks’s services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use Rockwell Networks or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Rockwell Networks network. If you use a domain name in connection with Rockwell Networks or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Customers may not use the Rockwell Networks network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crashes a host or network. Rockwell Networks will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation:
(a) the accuracy and appropriateness of content and materials appearing within the store or related to your products
(b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party
(c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising therefrom.You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.
Static / Dynamic Content Caching
(i) grant to Rockwell Networks a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by Rockwell Networks under this Agreement and
(ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party’s intellectual property rights.
IP Address Ownership
Rockwell Networks shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Rockwell Networks and Rockwell Networks reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
Website Design and Development
Website Design is to include, coding, designing, editing, compiling, graphic design, graphic manipulation, website development, and any and all terms associated with website development or implementation.
Liability: Rockwell Networks hereby excludes itself, its Employees and or Agents from:- all and any liability for loss or damage caused by any inaccuracy; omission; delay or error, whether the result of negligence or other cause in the production of the web site; All and any liability for loss or damage to clients artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
Copyright: Any web page; design or entire site designed by Rockwell Networks carries a copyright and cannot be reproduced without written consent. The placing of an order by the client or other person/Agency on behalf of the client constitutes a guarantee that all necessary authority and permissions have been obtained in respect of the artwork, design, and photographs for use in the advertisement. The Advertiser/customer must indemnify Rockwell Networks in respect of all actions, proceedings, costs demands, and claims arising from any such breach.
Note: Where the client’s site is being hosted by a third party, Rockwell Networks reserve the right to delay uploading of deliverables until full payment has been received.
In the event that a client chooses to terminate the service agreement entered into by client and company, within the first 30 days of the project. A refund will be issued upon request. The amount of refund will be prorated, formula used for prorating:
Standard Hourly Rate: $85
Refund = (Hours Worked x Hourly Rate) – Down Payment
Our refund policy does not apply to any add on items or hourly services; this includes but is not limited to Shopping Carts, Bulletin Boards and Support Packages.
At no time, will a refund be issued after the first 30 days, regardless of work completed.
Please allow 4-6 weeks on refunds.
Rockwell Networks reserves the right to refuse service to anyone. Customers may only use Rockwell Networks’ services for lawful purposes. Transmission of any material in violation of any Federal, State, or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Rockwell Networks management. IN NO EVENT SHALL Rockwell Networks’S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD ROCKWELL NETWORKS HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS, AND CLAIMS, INCLUDING REASONABLE ATTORNEY’S FEES ASSERTED AGAINST ROCKWELL NETWORKS, 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 CUSTOMER, IT’S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS ROCKWELL NETWORKS AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH ROCKWELL NETWORKS’S SERVER; (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 ROCKWELL NETWORKS’S SERVER.
ROCKWELL NETWORKS WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. ROCKWELL NETWORKS MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. ROCKWELL NETWORKS DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY ROCKWELL NETWORKS AND ITS EMPLOYEES. ROCKWELL NETWORKS RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.