1. TERMS OF SERVICE
Our Agreement: By using Recompiled Networks you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time (collectively, “Our Policies”). Recompiled Networks reserves the right to update and change Our Policies from time to time without notice. As updates occur to Our Policies an update to Our Policies page will be made and the date (proceeding, “Last Updated”) will be incremented appropriately. You can review the most current version of Our Policies at any time at: http://recompiled.net/policies.html.
2. ACCEPTABLE USE POLICY
Unlawful and unethical activities: We practice a zero tolerance policy for illegal activities, our services may only be used according to law. Malicious and unethical activities will result in immediate account suspension or termination, and include without limitation: DDoS/DoS attacks, portflooding, “packeting,” port scanning, “cracking,” or any unauthorized connections to remote hosts; hosting material protected by copyright, trademark, trade secrets or other intellecutal property rights used without proper authorization, including material that is obscene (such as pornography), libelous, fradulent, threatening, or in violation of export control laws.
Spam: Spam, support of spamming or spammers, “spamdexing,” and “linkspamming” are all forbidden. Open SMTP servers are prohibited. Usage of our services to transmit unsolicited emails or any type of unwanted commercial advertisments may result in immediate account suspension or cancellation. What constitutes a violation of these terms is at the sole discretion of Recompiled Networks. A penalty of no less than two-hundred and fifty dollars ($250.00) per hour clean up will be assessed for violation of these terms.
Right to Limit or Deny Access: We reserve the right to limit or deny access, when user’s activities interfere with the proper functionality of our systems.
Free Shell Service Limitations: IRC and all IRC bots are prohibited on our free shell hosting services. Free shell accounts that remain inactive for at least 90 calendar days may be disabled.
Shell Service Limitations: Gaming servers, voice chat servers, and streaming streaming audio servers are prohibited on our shell services.
IRCD Service Limitations: Gaming servers, voice chat servers, and streaming streaming audio servers are prohibited on our IRCD services.
Web Hosting Service Limitations: IRC and all IRC bots are prohibited on our web hosting services.
Collection and Usage: We collect information from your browser, which includes your IP address and the page you request. We may collect and verify information submitted during the ordering process, and includes without limitation: PayPal information, telephone, fax, email, etc. The information shared during the account request and setup process may be shared with third parties for fraud prevention, collections purposes, and when required by law.
Storage and Transfers: We make our best effort to maintain each user’s privacy while managing the network and system security. However, we do make backups of all data stored in our shell and web hosting servers. In the event of data loss your data can be restored. User’s data transfers are not explicitly monitored, but for security and to ensure service quality we may monitor transfers from time to time. Transfers may be monitored for speed, type, total amount, as well as the actual content of data. We do not share private data with third parties unless required by law.
4. ORDERING SERVICES, IDENTITY VERIFICATION AND ACCOUNT REGISTRATION
Initial Payments: All initial payments must be made in conjunction with an account registration. All account registrations must be made in conjunction with an initial payment.
Not a Contract for Services: An account registration does not constitute account approval nor does it constitute a contract for services. An initial payment does not constitute account approval nor does it constitute a contract for services.
Free Shells: Free shell accounts require an identity verification process. The identity verification process requires a single $1 payment to be submitted in conjunction with a valid account registration.
Account Approval: Recompiled Networks reserves the right, to hold or postpone an account approval indefinitely. Any account registrations, especially those suspected of fradulent activity, may be held without notice.
Right to Deny Services: We are not obligated to approve your account. Recompiled Networks reserves the right to deny an account approval without notice.
Express Agreement: By requesting an account, you express your agreement to “Our Policies”.
5. BILLING, SUSPENSION, TERMINATION, FEES AND REFUND POLICY
Billing Period: Your billing cycle should begin on the date of your account registration approval. However, we reserve the right to choose the billing period on all invoices.
Auto-Recurring Billing: Billing will automatically recur at the specified billing period interval until canceled.
Billing Liability: Customer accepts liability for all the charges accrued from their services during the duration of their billing period, until the termination date.
Delinquent Accounts: All payments must be made by the due date specified on a users invoice. Unpaid accounts past this period will be considered delinquent.
Late Fees: Customer agrees to pay up to a ten percent (10%) late fee on their account in the case it has been delinquent for more than three (3) days. Customer agrees to pay up to an additional ten percent (10%) yearly interest rate on accounts which are more than 30 days late.
Right to Suspension: We reserve the right to suspend delinquent accounts at any time.
Suspension and Reactivation: Reactivation of an account which was delinquent may require full payment for the service period, even when the account has been deactivated during the service period. Customer agrees to pay a ten percent (10%) reactivation fee for reactivating services.
Dedicated Server Termination: If you wish to change or cancel services you must request this at billing [at] recompiled.net at least thirty (30) days before your billing cycle ends. Otherwise, you may be liable for all current and future charges on your account.
Other Service Termination: If you wish to change or cancel services you must request this at billing [at] recompiled.net at least thirty (3) days before your billing cycle ends. Otherwise, you may be liable for all current and future charges on your account.
Right to Terminate: We reserve the right to refuse or terminate service at our sole discretion, without notification; any deliquent account may be subject to termination.
Backup Restoration Fee: When an account is terminated, remaining data may be archived for 90 calendar days. We may charge an additional five dollar ($5) retrieval fee for your recovering account data from our backup servers.
Unrecovered Payment Fee: If a payment in any form is recovered or otherwise not paid by your financial institution you will be required to pay a fifty dollar ($50) return payment fee.
No Refunds: All payments, including initial payments, and identity verification payments are non-refundable, unless expressly stated otherwise. The costs of any and all refunds will be at your expense. Any and all refunds are made as a courtesy at the sole discretion of Recompiled Networks.
6. MANAGEMENT AND OPERATIONS
Unmanaged services: We do not provide unmanaged services. At this time our services all come with free support.
Semi-managed services: We provide free support. You are responsible for managing your services, including maintaining the integrity, security, and performing backups of your data. No warranty is made (with the exception of our Standard SLA and our High Availibility SLA), express or implied, written or verbally, about the services of Recompiled Networks including but not limited to: accessibility, operability, and uptime.
Fully Managed services: We provide free support. We will manage your services, including maintaining the integrity, security, and preforming backups of your data. No warranty is made (with the exception of our Standard SLA and our High Availibility SLA), express or implied, written or verbally, about the services of Recompiled Networks including but not limited to: accessibility, operability, and uptime.
Free Support: We assist with problems relating to the operating of our services themselves. This includes free OS reinstalls, free reverse DNS updates, and courtesy free tips with configuring software.
Premium Support: If a customer requires premium support (phone support, priority front-of-the-line response, or managed services on an semi-managed plan) then there will be a minimum of a fifty dollar ($50) and a maximum of a one-twenty-five dollar ($125) fee per incident, or one hour of administration (paid in advance) as determined by Recompiled Networks.
7. NO RESALE OF SERVICE
Resale with permission only: You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of our services without the express permision of Recompiled Networks.
8. INDEMNIFICATION AND LIMITATION OF LIABILITY
Indemnification: You will defend, indemnify, save, and hold Recompiled Networks harmless from any demands, liabilities, losses, costs, and claims, including reasonable attorney’s fees asserted against Recompiled Networks brought by a third party in connection with your account(s), including any payment obligations incurred. This includes it’s customers, authorized agents, and affiliates, and any actions resulting from the usage of any services provided by Recompiled Networks or performed by a customer, authorized agent, or affiliate of Recompiled Networks.
Limitation of Liability: If any demands or claims are made against Recompiled Networks by a third party because of activity on a user’s account, the registered user of that account agrees to pay all asserted costs, including reasonable attorney’s fees and court costs.
Recompiled Networks shall have no liability whatsoever for any unavailability of services caused by our supplier’s performance or lack of performance or the maintenance work needed to keep the services operable. Recompiled Networks will also not have any liability for any loss of data or transactions resulting from delays, non-deliveries, mis-deliveries or service interruptions caused by us, any third party acts, the acts of any service provider or problems with the Internet infrastructure and networks external to the services.
Recompiled Networks shall not be liable for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of Recompiled Networks. The time for performance of Recompiled Networks shall be extended by the period of such delay.
In no event shall Recompiled Networks be liable to any user for any special, indirect, consequential or punitive damages including but not limited to, loss of profits, loss of business opportunities, emotional trauma, loss of goodwill, even if advised of the possibility of such damages. Recompiled Networks can not be held liable to any user of Recompiled Networks, including users given access to account(s) created inside your account(s), at any time for any reason.
Special Considerations: If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Failure of Recompiled Networks to act or exercise its respective rights under this Agreement upon the breach of any other terms hereof by any user shall not be construed as a waiver of such a breach or prevent Recompiled Networks from thereafter enforcing strict compliance with any or all of the terms thereof.
10. GOVERNING JURISDICTION
Electronic Signature: By clicking “I Accept” you understand that you are requesting an account and you hereby agree to all of the Terms of Service. You understand that this is your electonic signature, governed by Electronic Signatures in Global and National Commerce Act.
Jurisdiction: Jurisdiction in all legal matters will be determined exclusively by the courts of Carroll County in the State of New Hampshire, USA.
Last Updated: Tue, 9 Jun 2015 9:13:47 -0400