Terms of Service
This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of web hosting, e-Commerce and other Internet-related services provided by Ricochet Network (the "Services"). As used in this Agreement, "Ricochet Network" means Ricochet Network and "Client", "you", or "your" means you. By clicking on the "Submit Order" button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Ricochet Network site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "Ricochet Network Site" refers to the Site located at the URL http://www.ricochetnetwork.com.
Ricochet Network reserves the right to change this Policy any time, so please check this page when in doubt. Ricochet Network strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. Any such unlawful activity or abuse of servers negates any kind of guarantees or chance for a refund. This Agreement is imposed to protect you, other Ricochet Network customers, and us against harm.
Ricochet Network provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.
I - Client Content: Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any Ricochet Network server in connection with Client's use of the Services which:
- infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of Ricochet Network or any third party;
- violate any provincial, state, federal or foreign laws or regulations;
- are defamatory, slanderous or trade libelous;
- are threatening or harassing;
- are discriminatory based on gender, race, age, or promotes hate;
- violate our Acceptable Use Policy;
- contain viruses or other computer programming defects which result in damage to Ricochet Network or any third party.
II - Bandwidth: Client may occupy only the amount of disk space on the Ricochet Network Server and utilize no more than the network bandwidth that is allotted by Ricochet Network. Additional fees of $5/GB will be charged for exceeding the network bandwidth allowance of your selected plan.
III - CGI Scripts Policy: Each account comes with its own cgi-bin. You are free to use any allowable CGI scripts you wish; however, we reserve the right to disable any CGI script that effects normal server operation or service to other Ricochet Network customers. Examples of these kind of scripts include message boards based off a flat text database, scripts running as background processes or those consuming a large amount of resources. No chat room or similar scripts allowed.
IV - Resource Utilization: Each account is allowed unfettered access to server resources. You are allowed to do whatever you want with the resources; however, we reserve the right to suspend any account that effects normal server operation or service to other Ricochet Network customers via excessive resource utilization.
V - Prohibited Scripts: Below you will find a list of scripts you may not run with our services due to their poorly written utilization of server resources as well as for security purposes.
- UltimateBBS (all versions)
- Ikonboard (all versions)
- IRC Egg Drops
- Proxy Servers
- The Anonymizer
- Any soap mailer
VI - No "SPAM": Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at Ricochet Network, or otherwise, that mentions or reference any domain hosted on Ricochet Network servers or parked on Ricochet Network DNS servers. Clients found to be using Ricochet Network resources to send spam will be subject to a fine of $150.
VII - Licensed Software Only: Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
VIII - Termination: Ricochet Network reserves the right to refuse service to anyone. Ricochet Network, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the Services, please contact Customer Support.
Full payment is required from Client before any Service is rendered, which includes renewals. Payment will be automatically collected at the beginning of Client's billing cycle using billing information provided by client during signup or subsequent update. Prompt Payment. Client must promptly remit payment to Ricochet Network when it is due. If payment or credit authorization is not received by the date due, Ricochet Network reserves the right to delete all content from the Client website and make it inaccessible to Client. Furthermore, Ricochet Network shall utilize the services of collection agencies to collect amounts due and also reserves the right to report delinquent accounts to credit bureaus.
Client will pay and indemnify and hold Ricochet Network harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
Client Liability & Indemnification
The parties agree that in no event shall Ricochet Network be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Ricochet Network from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.
You agree to use all Ricochet Network Services and facilities at your own risk. Ricochet Network specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Ricochet Network be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Client agrees that it shall defend, indemnify, save and hold Ricochet Network harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Ricochet Network, 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 Client, it’s agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Ricochet Network against liabilities arising out of: any injury to person or property caused by any products sold or otherwise distributed in connection with Ricochet Network Services, any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party, copyright infringement and any defective products sold to customer from Ricochet Network's servers. Ricochet Network shall be the sole judge of what violates this Policy.
Term, Termination & Cancellation
Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services ("Billing Cycle Date"), and shall continue in effect for a period equal to that of the Billing Cycle Period unless terminated earlier pursuant to the provisions of this Section 4. All fees paid for Services are non-refundable. Either party will have the right to terminate this Agreement, however, notification of termination must be received at least ten business days prior to your Billing Cycle Date in order to avoid charges in full for the next Billing Cycle. If Client is terminating this Agreement, Client must request cancellation by emailing the Ricochet Network billing department (billing (at) ricochetnetwork.com). Ricochet Network will respond with a cancellation email, which Client shall retain as proof of termination. It is the Clients Responsibility to secure email confirmation from Ricochet Network that account has been cancelled. If the Client has not received email confirmation of account cancellation, then the account remains active, and you will continue to be invoiced. If Client has a balance due at the time of termination, this balance must be paid in full. Termination does not absolve Client of any outstanding financial obligations and does not entitle Client to any partial refund. All Client cancellation requests will become effective within 30 days after termination notice has been provided to Ricochet Network. Any other attempt by Client to cancel this Agreement by written or e-mail notice shall be void. Sections 3 - 8 shall survive termination or expiration of this Agreement. In case that the Client's continuing usage of the service is jeopardizing the stability of Ricochet Network‘s service to other clients, Ricochet Network reserves the right to immediately terminate this agreement.
Receiving Uptime Guarantee Credit
In the event that that the average availability of the client's websites (served by Ricochet Network) falls below 99.5% within one month of service, Ricochet Network will credit the client's account for that month of service. Service outage (unavailability) is defined as 100% packet loss from Ricochet Network to its backbone providers. Such credit is not to exceed hundred (100) percent of the monthly Service Fee charge for the affected month. In order for you to receive a credit, client must request such credit within seven (7) days experiencing the web site unavailability. Client must request credit by sending an electronic mail message to firstname.lastname@example.org. The body of this message must contain the address of the affected web site, the dates and times of its unavailability, and your personal information as on Ricochet Network records. Credits will be granted within fourteen (14) days of your credit request if Ricochet Network confirms the unavailability. No credit will b e given if Ricochet Network cannot confirm the unavailability of the website in question. RESTRICTIONS: Credits shall not be provided to you in the event that you have any outage resulting from: 1. Your behavior, the non-performance or failure of your software or applications 2. Circumstances beyond Ricochet Networks's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation. 3. Planned server downtime, such as hardware upgrades, when the client has been notified in advance.
30 Day Money Back Guarantee
Client has 30 days after paid signup to be refunded 100% of all recurrent fees for Ricochet Network hosting services. Please note that domain registration/transfer fees, setup fees, and/or bandwidth overage charges are non-refundable. To cancel an account the client must make such a request by submitting an electronic mail message to email@example.com. Please include a reason for cancellation.
Disclaimer of Warranty
THE SERVICES, THE RICOCHET NETWORK SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE RICOCHET NETWORK SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. Ricochet Network DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Ricochet Network SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
Limitation of Liability
IN NO EVENT SHALL RICOCHET NETWORK BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE RICOCHET NETWORK SITE OR ANY RICOCHET NETWORK PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL RICOCHET NETWORK’S CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIFTY DOLLARS ($50 US).
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Ricochet Network. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the United States of America and Canada, except with regard to their conflict of law rules. This Agreement and Ricochet Network’s policies are subject to change by Ricochet Network without notice. Continued usage of the Services after a change to this Agreement by Ricochet Network or after a new policy is implemented and posted on the Ricochet Network Site constitutes your acceptance of such change or policy. We encourage you to regularly check the Ricochet Network Site for any changes or additions.