Office address: 600 N Broad Street Suite 5 #3478 Middletown, DE 19709
By using the website located at www.hostingrs.com (the “Website”) or any services provided in connection with the Website (the “Service”), you agree to abide by these Terms of Use, as they may be amended by HRS Group LLC (The "Company") Doing Business As Hosting RS from time to time in its sole discretion. Company will post a notice on the Website any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Website and cease all use of the Service and the Website.
BY USING THIS WEBSITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND AS A CONDITION OF YOUR CONTINUED USE OF THIS WEBSITE, YOU AGREE TO THE FOLLOWING:
The Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of the Company's current Privacy Policy can be found by clicking HERE. The Company's Privacy Policy is expressly incorporated into this Agreement by this reference.
If you are required to open an account to use or access the Website or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form.
By contacting us through the Website, and/or sending an email to us, you are communicating with us electronically and consent to receive electronic communications related to your use of the Site.
When accessing the Website or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Website is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. Nothing contained on the Website should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party. All content of the Website is copyright protected. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
Company maintains a zero tolerance policy for use of its network or services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 ("SPAM").
It is your obligation to ensure that e-mail sent by you, or on your behalf, does not violate this law. We assume SPAM complaints are valid unless we are provided with credible information to the contrary. To avoid action under our AUP, please familiarize yourself with the CAN-SPAM Act by following this link:
http://business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business You may not use any of our services or network to send SPAM. In addition, e-mail sent, or caused to be sent, to or through our network or services may not:
A. Use or contain invalid or forged headers
B. Use or contain invalid or non-existent domain names
C. Employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path
D. Use other means of deceptive addressing
E. Use a third party's Internet domain name, or be relayed from or through a third party's equipment, without permission of the third party
F. Contain false or misleading information in the subject line or otherwise contain false or misleading content
G. Fail to comply with additional technical standards described below
H. Otherwise violate Company’s Terms of Service
The Company does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through its network. The Company does not permit or authorize others to use its network or services to collect, compile or obtain any information about its Subscribers or users, including but not limited to Subscriber e-mail addresses, which are Company’s confidential and proprietary information. Use of our network or services is also subject to our User Agreement, AUP and other Terms of Service.
Company does not permit or authorize any attempt to use its network or services in a manner that could damage, disable, overburden or impair any aspect of any of our services, or that could interfere with any other party's use and enjoyment of any Company product or service.
We monitor for SPAM all traffic to and from our servers. Customers suspected of using the Company's products and services for the purpose of sending SPAM will be investigated. We assume SPAM complaints are valid unless we are provided with credible information to the contrary. It is Company’s policy to immediately suspend, terminate and/or cancel any offending Web site or account sending SPAM.
Subscribers may be asked to produce records that verify that explicit affirmative permission was obtained from a recipient before a mailing was sent. Company may consider the lack of such proof of explicit affirmative permission of a questionable mailing.
Subscribers are prohibited from maintaining open mail relays on their servers. Ignorance of the presence or operation of an open mail relay is not and will not be considered an acceptable excuse for its (the open mail relay) operation.
Subscribers are prohibited from providing services for Web sites that have been included in SPAM, including, but not limited to hosting Web site(s), or providing DNS services or Web site redirect services.
It is a violation of this Policy to commission a third party to send e-mail that is in violation of this policy or of applicable law, even if that third-party does not use Company systems, networks or resources. E-mail not in compliance with this policy - regardless of source - which contains any reference to a Web site hosted by us or contains any reference or link to a network or system of Company is prohibited.
If Company believes that unauthorized or improper use is being made of our network, or any product or service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. Company may immediately suspend, terminate and/or cancel any account on any product or service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.
Company reserves the right to suspend, terminate and/or cancel permanently any and all services provided to a Subscriber without any notification. In addition to any and all other rights hereunder or otherwise, if a Subscriber is in violation of any term or condition of this SPAM Policy, the Acceptable Use Policy, User Agreement or uses of our services to disrupt or, in Company’s sole judgment, which could disrupt Company’s business operations, Company reserves the right to charge such Customer an administrative fee equal to $100.00 per each piece of SPAM sent.
To report an incidence of SPAM, please send an e-mail to compliance@hostingrs.com.
Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, our network or services. Failure to enforce this policy in every instance does not amount to a waiver of Company’s rights.
Unauthorized use of Company’s network in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil and criminal penalties against the sender and those assisting the sender, including those provided by the Computer Fraud and Abuse Act (18 U.S.C. §1030, et seq.) and other state and federal laws.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE WEBSITE AND SERVICE AVAILABLE “AS IS'' WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE WEBSITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE WEBSITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. BY USING THE WEBSITE, YOU CONSENT TO THE TRANSFER OF SUCH INFORMATION TO COUNTRIES OUTSIDE OF YOUR COUNTRY OF RESIDENCE, WHICH MAY HAVE DIFFERENT DATA PROTECTION RULES THAN THOSE OF YOUR COUNTRY. COMPANY MAKES NO REPRESENTATION THAT THE WEBSITE AND/OR THE SERVICE ARE AVAILABLE OR APPROPRIATE FOR USE IN YOUR LOCATION.
COMPANY'S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
Company reserves the right to terminate your use of the Service and/or Website immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Website or the Service by others.
Company has no control over, and no liability for any third party websites or materials that may be linked with the Website, and therefore Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such websites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on such third party websites. Similarly, from time to time in connection with your use of the Website, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and is not responsible for, the accuracy, currency, content, or quality of any services or downloads you receive from a third party, and that Company is not affiliated with any third party that you may link to through this Website. You expressly agree to indemnify Company from any claims you may have against a third party that you linked to or accessed via the Website.
Company imposes certain restrictions on your permissible use of the Website and the Service. You are prohibited from violating or attempting to violate any security features of the Website or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Website, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Website or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Website or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Website or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
You agree to indemnify the Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Website, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost. You shall cooperate as fully as reasonably required in defense of any such claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Any and all controversies or disputes arising out of or in connection with your use of the Website, the Terms of Use, the Privacy Policy, and/or their interpretation will be referred to and finally resolved by arbitration under the London Court of International Arbitration Rules, which are deemed to be incorporated by reference into this clause; the number of arbitrators will be one; the seat, or legal place, of arbitration shall be London, England; and the language to be used in the arbitral proceeding shall be English. You further agree to the exclusive jurisdiction of the courts venued in London, England for any legal action necessary to enforce the arbitration proceedings, and that the prevailing party will be awarded its reasonable attorney's fees and costs incurred. This provision shall not prevent Company from pursuing a claim arising out of your use of the Website or the Service in any other jurisdiction.
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Website and/or the Service; and (c) discontinue the Website and/or Service at any time. Company shall post any revision to these Terms of Use to the Website, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Website periodically to be aware of any revisions. You agree that, by continuing to use or access the Website following notice of any revision, you shall abide by any such revision.
BY USING THE SERVICE OR ACCESSING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
For any complaints/abuse reports please send an email at: compliance@hostingrs.com