Terms of Service

Rotmax.com has a responsibility to protect each client and to provide the best services available. The following guidelines were designed to ensure these obligations are met.

All services provided by Rotmax.com may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City, or any International laws is prohibited.

This includes, but is not limited to: Copywrited material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Rotmax.com from any claims resulting from the use of the service which damages the subscriber or any other party.

All shared web hosting plans include a 30-day money back guarantee. If for any reason our services haven't exceeded your standards, please let us know within the first 30 days of account activation and we will refund the money paid for that first month of service. (Minus domain name registration fee, set-up fees and overage charges if exist).

Our refund policy does not apply to any of the following: set-up fees, dedicated servers, dedicated services, domain name registrations, reseller accounts, and/or web management services. No refunds are available after 30 days, whether in full or prorated.

• Our Money Back Guarantee does not include refunds to already established Rotmax's customers who add service after the first 30 days. In other words, if you host a web site with us for over 30 days and decide to add another account, the policy does not apply to these added services.
• Accounts cancelled/terminated by Rotmax for violating our Terms of Service (TOS) do not qualify for the 30-day money back guarantee. In other words, if your account is cancelled for spamming or network abuse, you will not be given any refund.
• All refunds are applied to the same credit card used in the initial service purchase.
• Dedicated Servers: In the event that you exercise your right to a 30 day money back guarantee, a set-up fee of $75 for dedicated servers, including managed and unmanaged, will be retroactively charged if the setup fee was waived in the original charge. Setup fees may be refundable if the account is cancelled PRIOR to activating the account.

* Due to security concerns (such as fraudulent cancellations), all account cancellations must be done by opening HelpDesk Ticket, requesting cancellation. You must also include your domain name, username, and password. Phone calls will not constitute acceptance of any cancellation. You will receive a confirmation upon the cancellation of your account.

It's FULL Customer Responsibility to notify Rotmax regarding account termination and cancellation of the recurring payment:

• Shared Hosting - at least 15 days prior to the payment date (payment date = your billing cycle date).
• Dedicated Hosting - at least 31 days (1 month) prior to the payment date (payment date = your billing cycle date).

Rotmax.com must receive notice of termination by either first class mail, or via e-mail from customer at least XX days (stated above) prior to end of the payment period (payment date), or the service will be provided and charged to said customer for the following month and/or payment period and the charged payment will not be refunded.

The domains fee is not refundable !!! , the domain prices can be found at the Domains page.

• It's FULL Customer Responsibility to update the payment (in case of failed payment) and maintain the billing information in proper and updated way.
  
• In no event will Rotmax.com - Rotmax Services be liable for any damages, including without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the Domain Expiration.
• Rotmax will not renew the domain till the payment clearance.
  
• Failed to update the payment and pay for the Hosting services will lead to the domain expiration, and unrecoverable situation.
  
  
• Approximately 30 days after expiration, if the domain name has NOT been renewed (due to missed/failed payments), and has NOT been purchased by a third party, the expired domain name will enter the registry redemption grace period.
  Note: Registry redemption grace periods are defined by each registrar, but are most commonly a 30 day period.
  Rotmax reserve the right to charge a redemption fee of $190.00 if you request Rotmax to renew your domain name during this redemption grace period due to missed/failed payments.
  
  
• Important: If a third party purchases the domain name prior to it entering the registry redemption period, the domain name will not enter redemption, and it will no longer be available for you to renew.
  
• If the domain name completes the registry redemption grace period, the registry will hold the domain name for a period of approximately five days before releasing it again to the public for general registration.
  

Rotmax.com wishes to provide reliable and fast web hosting for anyone with the need for such a service. In using Rotmax.com clients accept the following restrictions, as well as and in addition to any future restrictions set by local, state or federal regulations:

* No posting or transmittal of hate speech, threats of physical violence or harassing content via our servers.
* No posting or transmittal of material in violation of applicable copyright laws.
* No posting or transmittal of material that is legally obscene or that violates child pornography statutes; that contains any graphic or visual depictions of sexual explicit conduct involving children or that contains depictions of children where the primary appeal is prurient.
* No posting or transmittal of sexually oriented material that, in specific context, is offensive or inappropriate.
* No posting or transmittal of any bulk e-mail without prior written permission of Rotmax.com (see mail section for more information)
* No posting or transmittal of off-topic or commercial messages to forums or newsgroups via the Rotmax.com servers.
* Not to engage in illegal, unlawful or tortuous conduct or other conduct that interferes with Rotmax.com's ability to provide service or interferes with the rights of others. Such conduct includes, but is not limited to: libel, invasion of privacy, consumer fraud, unauthorized dissemination of trade secrets, violation of trademark laws, cracking, or transmittal of commercially restricted information via Rotmax's servers.

If you are unsure whether or not your site falls into this category, feel free to contact us with a description before signing up for an account or publish material as an existing customer. If needed, we will inspect the content of the site to let you know.

Also prohibited, are sites that promote any illegal activity or present content that may be damaging to Rotmax.com servers or any other server on the Internet.

Rotmax provides Users with bandwidth, disk space and other resources, such as e-mail, mysql databases, and/or file-transfer-protocol ("FTP") accounts, the amount of which is defined in Rotmax's web pages describing the package of Services purchased at the time of purchase.

In all cases, the Services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. Rotmax reserves the right to suspend, discontinue or delete the accounts of Users whose use of disk space, bandwidth or other resources results in or presents the risk of degradation of service to other customers, regardless of the amount of disk space, bandwidth or other resources included in the User's plan.

User agrees that such usage shall not exceed the amounts set by Rotmax for the Services purchased (the "Agreed Usage") and is additionally subject to normal usage guidelines established by Rotmax as in effect from time to time. These allotments are optimized and dedicated towards serving the Content and User's active electronic mail services related solely to User's web hosting account(s) with Rotmax.

Hosting space is intended for normal use only, and is limited to Web files, active e-mail and content of the hosted Web sites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, electronic mail or FTP hosts. You are responsible for removing any files, e-mails or other data which do not meet these requirements, and for adhering to any usage requirements or limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials (including without limitation files and e-mails), and/or in discontinuation of your services or account, which actions we may take in our sole discretion.

Rotmax will monitor User's use of bandwidth, disk usage and other resources. Rotmax, in its sole discretion, shall have the right to take any corrective action if User's utilization of bandwidth, disk usage or other resources exceeds the Agreed Usage, resource usage, or is used for other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, removal or deletion of User's Web site, User Content, User's electronic mail and e-mail services and/or other materials and services or termination the User's account and of this Agreement, which actions may be taken in Rotmax's sole and absolute discretion.

Sites that use a lot of the cpu load and or ram memory cause the server to load sites too slow. It is at our discretion, that if a site uses too much resource, no matter what the cause, we may need to move the site to another of our servers, or in many cases, we will ask for them to lease a dedicated server or to find another host.

We allow programs to run in the background(cronjobs). These are considered on a case-by-case basis. If they use too much cpu load or ram, we may contact you to disable them, or in extream cases we will need to disable them before contacting you.

Each Rotmax.com account is allocated a specific amount of transfer bandwidth each month. The amount of bandwidth transferred is equal to your http, ftp, SSH, email and all other sessions on your IP address or domain name throughout the month. Bandwidth is measured in bits transferred and consists of both incoming and outgoing transfers. Any account exceeding their bandwidth usage during a given month will be charged an "over the limit" fee of $2.00 per 1000MB over the limit (fractionally billed). Account transfer as well as other information is given on the accounts page.

Abusive activities will not be tolerated on Rotmax.com. Any attempt to undermine the integrity of any Rotmax.com system or any domain hosted on Rotmax.com will result in the immediate cancellation of your account without refund . This includes (but is not limited to): Any attempt to undermine the integrity and/or stability of any Rotmax.com system, Any harassment or other abuse of any Rotmax.com clients, Any attempt to "crack" any Rotmax.com system, copying, removing or otherwise obtaining any software that are available on the Rotmax.com systems. This includes any third party acting on the behalf of a client hosted on Rotmax.com. Offenders will be prosecuted to the fullest extent of the law.

Rotmax.com has a zero tolerance policy on email abuse. Any attempt to use our system to propagate and/or return SPAM or U.C.E. is expressly prohibited. Any mass mailing that either is sent using a Rotmax.com address or which references a domain hosted on the Rotmax.com system have their account suspended and/or terminated at Rotmax.com's discretion.

Please note: It is not Rotmax.com's intent to harm your ability to do business. However, our internet backbone providers (Level3, Telia, etc) has a strict NO-SPAM policy. Furthermore, many states (CALIFORNIA, TEXAS, AND OTHERS) currently either have anti-spam laws or are in various stages of debate on anti-spam bills. Therefore we much follow the rules.

Rotmax.com reserves the right to terminate and remove any process that violates any of our Terms of Service policies. We also reserve the right to request that you or a third party optimize any program that uses too many system resources.

Rotmax.com is only responsible for support directly related to our servers and our services. While we maintain a FAQ to deal with common third party software that may be used in conjunction with our servers and services we cannot be responsible for supporting all of the vast programs which are available.

Rotmax.com is responsible for it's servers and it's connectivity to our upstream provider(s) from which we lease our servers. Rotmax.com guarantees a 99.5% uptime for our servers and our connectivity to our upstream providers. However, we have no control over and cannot guarantee connectivity from our backbone to any single internet system outside of our servers.

Rotmax.com may at times need to perform software or hardware maintenance or upgrades. Such work shall be performed as fast as possible and information regarding future upgrades or maintenance will be posted on our News and Announcements page at least 1 week prior to scheduled downtime. Said downtime does not count toward our 99.5% promise since these upgrades are necessary to provide top service for our clients.

Rotmax.com uses an additional hard disk onto which we copy compressed archives of our clients files for extra weekly incremental backups. Under this system a failure of a main disk will only require us to install new disks and copy the backup from the second disk.

Our backup system is designed primarily for fast recovery in the event of any data storage failures on our servers. In the event that any client wishes for us to restore a file they have deleted manually we will deal with such requests on a per instance basis for an additional fee. We however cannot guarantee that the file will be recovered nor can we determine the length of time it will take to recover the file.

The customer is responsible for keeping a backup of their website, web content, e-commerce shopping cart files, emails, and/or any files or applications stored on Rotmax's servers.

Billing is done once a month, on the 1st of the month. Payment for the month is due by the 5th of the billing month. If customer fails to pay for their account for 30 days after the date of the invoice, Rotmax.com may without further notice, terminate said customers account. Termination does not remove customers responsibility to pay all fees incurred up to the date of termination.

It is our policy to refund to the customers card all hosting fees within 24 hours of a customer cancling within the first 30 days of hosting. If you paid for annual hosting which includes the FREE Domain - that fee (domain price) was paid to the registry and is not refundable. The domain is yours to move to any host you wish.

Your use of Rotmax.com services are at your sole risk. All Rotmax.com services are provided on an "AS IS" basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS,IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING,WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you in full.

Rotmax.com makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the Rotmax.com service.

In no event will Rotmax.com - Rotmax Services be liable for any damages, including without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use Rotmax.com's - Rotmax Services, services or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication-line failure; network or system outage, or theft, destruction, unauthorized access, to , alteration of, or use of any record.

Rotmax.com reserves the right to change or amend these Terms of Service at any time without prior notice. By submitting your order to Rotmax.com, you signify your agreement to these Terms of Service.

If you do not agree to these Terms, then please don't submit an order!

Violations of these Acceptable Uses Policies and Terms of Service should be referred to admin@rotmax.com

All complaints will be investigated promptly.

Serious violations of terms or conditions can be ground for immediate account deactivation without refund.