RSHosting reserves the right to change this Policy any time, so please, check this page at least once a month or when in doubt.
RSHosting strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other RSHosting customers and us against such harm.
Service Level Agreement (SLA):
This Service Level Agreement was last updated on January 1, 2013.
VPS / Cloud VPS / Dedicated Server Hosting SLA
100% Network Uptime
RSHosting guarantees network availability for our public Internet network to be 100%. In the event that our network does not experience 100% network uptime in a given month, RSHosting will refund 5% of the customer’s monthly service fees for those servers affected, for each 30 minutes of network downtime experienced up to 100% of the monthly service fees for those servers affected.
1 Hour Hardware Replacement Guarantee
RSHosting guarantees to replace any failed server hardware components provided by RSHosting at no cost to the client within one hour of problem identification. In the event that it takes RSHosting longer than one hour to replace any failed hardware component after problem identification, RSHosting will refund the customer 5% of the monthly service fees for each 60 minutes of downtime up to 100% of clients’s monthly service fees for the affected server.
99.9% Managed VPS and Cloud VPS Uptime SLA
RSHosting’s goal is to maintain 99.9% uptime on all of our VPS and Cloud VPS hardware nodes. 99.9% VPS Uptime guarantee is counted on per month basis here at RShosting.com. In the event that a VPS or Hybrid hardware node does not experience 99.9% uptime in a given month, you are eligible for a prorated credit equal to twice the amount of time that the VPS or Cloud VPS node was down for.
Any scheduled downtime of the VPS/Cloud VPS node for hardware or software maintenance will not apply towards this downtime calculation. The SLA does not apply to any software or services running inside Client’s virtual machine server, nor to the Client’s virtual machine server directly. It is only for downtime caused by issues with the hardware node itself. The SLA does not apply in any situation which the downtime was caused or could have been prevented by the Client. For example, if a VPS hardware node is down because of a filesystem check (fsck) causing a client’s VPS to be offline, the SLA would apply. If a client shuts down their own VPS or mis-configures it to be offline, the SLA would not apply. If the hardware node is online and functioning properly then the SLA will not apply in any case.
All SLA claims must be filed by opening a helpdesk ticket through our client portal within 7 days of the incident. The helpdesk ticket must include all relevant information including server name, IP address, full description of the incident and any logs (if applicable). All SLA credits will be issued as service credits against future invoices.
Network downtime is measured from the time the network is 100% unreachable until connectivity has been restored. Any scheduled downtime or network maintenance will not apply towards this downtime calculation. The 100% Network Uptime guarantee does not apply to any software or services running on a client’s server, nor to any hardware within a client’s server.
The 1 Hour Hardware Replacement Guarantee does not apply to replacing a failed disk drive that is in RAID so long as the other RAID disk(s) are functioning properly. The guarantee also does not apply to any time required to rebuild a RAID disk array or the time required to restore or reload any software or data to the affected server.
Clients currently in arrears for services do not qualify for SLA claims. Clients participating in malicious or aggressive activities thereby causing attacks or counterattacks, do not qualify for SLA claims and shall be in violation of the AUP.
Payment Policies, Fees, Refunds and Terms of Agreement
Full payment is required before any hosting service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. Prepayment is due each anniversary (monthly, quarterly or annually) following the date the account was established. Billing will continue until you cancel your hosting account. As a policy, we do not offer credits or refunds for hosting time already expended.
If cancellation is done by RSHosting due to restrictions violation, there will be no refund. RSHosting.com will only allow for the discount if cancellation is not the fault of the client, as determined by RSHosting.com. Additional features can be added at any time. Monthly feature prices are not prorated. RSHosting.com reserves the right to change prices at any time.
RSHosting.com offers 30 days money back guarantee. Only first-time accounts are eligible for a refund. The 30 day money back guarantee is available only for shared, reseller and VPS web hosting packages. There will be no refund or any money back guarantee for domain registrations, domain transfers, cPanel or Plesk licenses (which were purchased along with VPS or Dedicated server), Dedicated server packages or SSL certificates.
SSL certificates issued free of charge because it was part of your package can be used only on RSHosting servers. The SSL cert will be revoked if the hosting account is canceled unless the customer begins paying for the certificate at our advertised prices.
SSL Certificates & Free domains can only be received after successful payment and after our 30 day money back guarantee period has ended. Requesting for FREE SSL or Domain name, before money back guarantee will void money back guarantee.
By signing to our services, you agree to our “Terms of Service”. Accounts violating our “Terms of Service” by incidences such as spamming or running illegal or suspicious activity, will not be eligible for any kind of refunds.
First Month Free Offer – Terms & Conditions
- The First Month Free offer is applicable only with our UK and US hosted managed VPS servers. The offer is not available for any of our other hosting products.
- The First Month Free Offer is not applicable on cPanel license, Softaculous License, SSL certificates and Domain names.
- If you wish to discontinue after first month, you need to send a cancellation request prior to your renewal date. We will refund you the amount that was charged to you for your VPS hosting. cPanel license, Softaculous License, SSL Certificates and Domain names are not eligible for any refund.
- The VPS ordered with FMFO coupon do not qualify for any refunds from second month onward.
If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of RSHosting.com dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact email@example.com with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee. The total credit applicable would never be more than one month’s hosting charges paid by the customer at any time and for whatever reason.
You may cancel at anytime. To cancel your account, please contact Customer Service at firstname.lastname@example.org. Notification of cancellation must be received at least seven business days prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the clients responsibility to secure email confirmation from RSHosting.com that your account has been cancelled. If the client has not yet 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 cancellation, this balance must be paid in full. Cancellation does not absolve Client of any outstanding financial obligations.
Dedicated Server cancellation
Dedicated server customers should inform the billing department at RSHosting.com by raising a ticket or sending an email at least 7 working days before your billing date if you intend to cancel your server.
You need to inform us in writing by creating a ticket from your client portal at https://secure.rshosting.com
You agree to use all RSHosting.com services and facilities at your own risk. RSHosting.com specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall RSHosting.com be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold RSHosting.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against RSHosting.com, 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 RSHosting.com against liabilities arising out of:
- any injury to person or property caused by any products sold or otherwise distributed in connection with a RSHosting.com server;
- 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 a RSHosting.com server.
RSHosting.com shall be the sole arbitrator of what violates this Policy.
RSHosting.com is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the RSHosting.com network, by customers or any other users of the RSHosting.com network (including customers’ customers); AND/OR over ANY network— if the message sent advertises or mentions a site hosted on the RSHosting.com server.
We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. “spam”), cross-posting messages to a large number of usenet groups, posting obscene or threatening messages while using or referring to an RSHosting.com email address or web site URL is prohibited. The use of RSHosting.com servers as a mail drop for responses to activities described above is also prohibited. Accounts cancelled due to spam will be billed a “clean up” fee of £500 per incident.
Accounts disabled / suspended or terminated for spamming reasons, will be considered as breach of our “Terms of Service”. Such accounts are not eligible for any kind of refunds. Customers attempting to chargeback for payments made for their accounts which got disabled / suspended or terminated due to spamming, will be eligible for legal action taken against them, for abusing our network and services.
If you have any complaints or comments regarding Spam on our network, please direct them via email to email@example.com
All services provided by RSHosting.com may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any English Law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless RSHosting.com from any claims resulting from the use of the service which damages the subscriber or any other party.
Pornography and sex-related merchandising is prohibited on all RSHosting.com servers. This includes sites that may infer sexual content, or links to adult content elsewhere. RSHosting.com will be the sole arbiter in determining violations of this provision.
Sites that promote any illegal activity or present content that may be damaging to RSHosting.com servers or any other server on the internet are prohibited. Links to such materials are also prohibited.
Examples of unacceptable content or links:
- Pirated software
- Hacker programs or archives
- Warez sites
- Illegal MP3′s
- Child Pornography
RSHosting.com is in the business of providing primary web hosting services both to resellers and for virtual accounts. We do not allow the use of our services to promote the use of other primary web hosting companies who are our direct competitors.
Any illegal activity, including adult content, links to adult content web sites, spamming or hacking may result in your site being suspended without warning. You may be required to pay a re-activation fee of £25.
RSHosting.com will be the sole arbiter as to what constitutes a violation of this provision.
RSHosting.com may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. We consider mass email any email message sent to more than 100 email addresses or more than 10 news groups.
CGI Scripts Policy
Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation or service to other RSHosting.com customers. You will be notified in 24 hours about offending cgi script. No chat room or similar scripts allowed. Due to continued spamming of Matts formmail script, this is banned from all RSHosting.com servers.
3rd Party scripts and software policy
RSHosting.com does not support any 3rd party scripts or softwares including their installations and working. Any user who wants to use any 3rd party script can use them at their own risk and responsibility.
RSHosting.com will not be responsible in anyway for the support issues related to the 3rd party script configurations and working.
RSHosting.com does not allow chat rooms. You can however link your site to a chat provider. Some examples of chat providers are: www.humanclick.com, www.liveperson.com, and www.livehumanhelp.com.
Server & Network Resource Usage
User may not:
a) Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“https://yourdomain.com/include.php”) use include(“include.php”)
The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension.
The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here
MySQL Database Disk Usage
We at RShosting offer unlimited MYSQL or MsSQL databases along with our shared and reseller web hosting plans. However we limit the TOTAL disk usage for ALL mysql or mssql databases per account to 1 GB. This is to avoid one particular account from filling up our disk space (where databases are hosted) and using up the disk space. You can have as many database under your account, unless the total disk space used by all databases do not exceed 1GB limit.
RSHosting.com allows for very generous traffic, and most sites never exceed 500MB per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. RSHosting.com customers are discouraged from storing any files that cause excessive traffic on RSHosting.com servers. Please contact RSHosting.com Technical Support team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits.
We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.
Any deliberate attempt to cause damage to RSHosting.com or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill £1.50 for each gig of traffic exceeded. You will NOT be charged for transfer that you use beyond our generous data transfer limits without prior notification. You can monitor your transfer at anytime in your Control Panel.
Full backups are made weekly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients’ responsibility to maintain local copies of their web content any information. The “Backup Manager” is included in each hosting plan and client can use this tool to back up their files. If loss of data occurs due to an error of RSHosting.com, we will attempt to recover the data for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, RSHosting.com will attempt to recover the data from the most recent archive for a £50.00 fee.
Affiliate Terms of Service
This Agreement contains the complete terms and conditions that apply to your participation as a member of the RSHosting.com Affiliate Program.
1. Enrolment in this Program.
To begin the enrolment process, you will submit a completed Program Application through our website. Your account will be instantly active in our program. We will evaluate your account in good faith to ensure you comply with all our rules and agreements. We may reject your account if we determine in our sole discretion that your site is unsuitable for the Program for any reason, including, but not limited to, if your site incorporates images or content that is unlawful, defamatory, obscene, harassing or otherwise objectionable, such as sites that facilitate illegal activity or promote violence or promote or assist others in promoting copyright infringement, or if your site is or promotes a business-opportunity program (collectively, “Content Restrictions”).
2. Utilizing Links on Your Site.
As an affiliate website of RSHosting.com, you may use any form of promotion you choose, consistent with the terms of this Agreement. You may use banner advertisements, button links and/or text links to our site (the “Links”), however, you CANNOT SPAM. Any activity by you or on your behalf that we determine or reasonably suspect to be the result of an unsolicited bulk e-mail program will result in your immediate termination from the Program and you’re forfeiting of monies otherwise due you hereunder. Allowable promotional links may contain RSHosting.com’s trade names, service marks, and/or logos for display on your Affiliate Site. Subject to the terms and conditions hereof, you are granted a limited, non-exclusive, non-transferable license to access and download such Links and other designated promotional materials for placement on your Affiliate Site for the sole and exclusive purpose of promoting websites owned, operated or controlled by RSHosting.com. In utilizing the Links, you agree that you will cooperate fully with us in order to establish and maintain such Link or Links. A Link may only be visually modified with our consent.
We will pay you 40% commission of the product purchased by your affiliate user.
Example: If you send us ONE sign-up who has purchased a UK datacenter server “Dual Intel Quad Core Xeon” on monthly billing which costs £399 per month, then you will get 40% of £399 i.e £159.60 for that particular signup.
Incentivized commissions, and offering any form of incentive to obtain a sale is forbidden, unless prior approval is given and cleared by RSHosting.com Staff. To inquire on whether your incentive is acceptable, please e-mail affiliates [@] RSHosting.com [dot] com
The Commission Rate is subject to change from time to time, upon e-mail notice to you and commencing the 30-days following such notice.
If you are referring clients to RSHosting.com from a free hosting service that you run, you are not eligible for commissions unless given express permission by RSHosting.com. You must contact our affiliate department for review and a special commission rate.
4. Commission Payment.
Commissions deemed due and owed to you under the program will be paid to you directly by RSHosting.com after any holding period and in accordance with a regular payout cycle established by RSHosting.com. No commission will be paid for signups by you, your household, or anyone within your organization. RSHosting.com reserves the right to only pay for referrals that are active. Active is defined by clients with a website and domain name pointed to a RSHosting.com server with user uploaded content. Commissions can be earned per each new client referred through the unique affiliate link. An existing customer, defined by any client who has had an existing account with us at any time in the past, would not be eligible for a commission with the program. Referrals who have signed up using free domain name services will be subject to manual inspection and may be deemed invalid by RSHosting.com. We reserve the right to cancel any of your affiliate coupons, even if you are currently using the coupon. All coupons created internally for RSHosting.com promotion are ineligible for affiliate commission.
PayPal payments will only be reissued within 120 days of the original issue date in the case of incorrect PayPal address or refusal from PayPal to accept payment.
5. Responsibility for Your Site.
You will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. We shall have no responsibility for the development, operation and maintenance of your site and for all materials that appear on your site. You shall also be responsible for ensuring that materials posted on your site do not violate or infringe upon any laws, including but not limited to 18 U.S.C. Section 2257, or the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted on your site are not libelous or otherwise illegal. You must have express permission to use another party’s copyrighted or other proprietary material. We will not be responsible if you use another party’s copyrighted or other proprietary material in violation of the law.
RSHosting.com expressly requires you to disclose that there is a “material connection” between you and RSHosting.com any time you offer an endorsement or testimonial on our services, in accordance with the Federal Trade Commission guidance as outlined here. Such disclosure should be clear and prominent, meaning close to the endorsement or testimonial.
Please note: You should obtain legal advice on how to fully comply with these responsibilities in your specific situation.
In addition to the foregoing, we will immediately terminate your participation in the Program if we believe you have engaged in any of the following:
– Unsolicited mass e-mail solicitations, IRC postings or any other form of spamming, including but not limited to, newsgroups or AOL customers or otherwise violate the anti-spamming policies of RSHosting.com or state law;
– Provide inaccurate or incomplete information to RSHosting.com concerning your identity, address or other required information;
– Attempt to cheat, defraud or mislead us in any way;
– Misrepresent to the public the terms and conditions of our sites or your sites;
– Engage in popup advertisement network activities;
– IFrames may not be used unless given express permission by RSHosting.com, sales made through hidden IFrames or Cookie Stuffing methods will be considered invalid
You are free to bid on PPC networks for keywords related to web hosting with the intent to direct traffic to RSHosting.com. We do NOT allow any brand name / Trademark bidding (RSHosting.com) or Trademark + bidding (i.e RSHosting.com Coupons). Some examples of prohibited keywords:i
• “RS Hosting”
• “RSHosting.com coupon”
• “RSHosting.com review”
You are prohibited from bidding on any RSHosting.com and RSHosting.com KEYWORD (example: coupon, etc.) terms on any PPC search engine. When setting up the display advertisement in a PPC campaign, it is not permitted to use the display URL “www.RSHosting.com” or “RSHosting.com”, and ad text in a display ad may not contain the “RSHosting.com” trademark. We do NOT allow direct linking from PPC campaigns.
The goal of our guidelines regarding pay-per-click advertisements is to preserve the integrity of the RSHosting.com brand name and reputation. We do not want affiliates, or for that matter, any third party, representing themselves as RSHosting.com or presenting themselves in a way that could be confused with RSHosting.com.
Please note that organic search listings and results are permitted for the above terms.
6. Minimum Payment Threshold.
Affiliates must earn a minimum affiliate account balance of £/$100 (based on your affiliate account with us in UK or US billing system) or more before their account is eligible for payment. Commission amounts earned for less than £/$100 (for example, 1 sale for £/$50) will remain pending until the full £/$100 minimum balance has been earned. All sales still pending due to the minimum payment threshold must remain active and in good standing according to our TOS requirements in order to be eligible for payment. Sales that are found not to be valid according to our TOS requirements at the time of the additional sale and earnings will be marked as invalid and not payable. Therefore there will be the requirement that 2 sales, or £/$100 in minimum earnings be valid according to our sale requirements listed in our TOS in order for payment to be sent.
There is a £/$100 minimum threshold for Commission Fees. If You do not meet the minimum threshold of £/$100 within 180 days after the end of the month in which a Qualified Purchase was properly completed, commission payments will be forfeited and Your commission balance will revert to $0.
7. Tax Forms and Address Changes.
Taxes/Address Changes: It is Your responsibility to provide RSHosting.com with the tax and payment information required to issue a Commission Fee to You. If RSHosting.com does not receive the necessary tax or payment information within 120 days of a Commission Fee being earned, RSHosting.com will consider that Commission Fee to be forfeited by the Affiliate, and no payment will be issued. Each Affiliate is required to submit a W8/W9 tax form before RSHosting.com will issue any Commission Fees.You are responsible for the payment of all taxes related to the commissions you earn under this Agreement. In compliance with tax laws, RSHosting.com will issue a Form 1099 to Affiliates whose earnings meet or exceed the applicable amount warranting the Form 1099. You will be required to provide us with proper address, tax forms (including W8/W9 or other tax forms) or information within two (2) days of any request issued by RSHosting.com to issue a Form 1099. Any address changes must be made in the Affiliate profile in the Affiliate Console at least 15 business days prior to the end of the calendar month in order for Commissions for that month to be sent to the revised address.”
8. Term of the Agreements.
The term of this Agreement will begin upon our acceptance of your Affiliate Program Application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your e-mail address on our records, is considered sufficient notice for to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement you are not eligible to receive any commissions payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not cancelled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail, to your address on our records, or the posting on our site of a change notice of a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program, following our posting of a change notice or new agreement on our site, will constitute binding acceptance of the change.
10. Relationship of Parties.
You and RSHosting.com are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section. You are not an agent of the RSHosting.com and RSHosting.com expressly disclaims responsibility for any conduct by you in violation of our terms of agreement.
A1. Limitation of Liability.
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Affiliate Program or any COMPANY services or other items sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
A3. Representations and Warranties.
You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you. Should any law enforcement agency or internet service provider provide RSHosting.com with notice that you have engaged in transmission of unsolicited bulk e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider’s terms of service, we reserve the right to cooperate in any investigation relating to your activities including disclosure of your account information in connection therewith.
We may disclose to you certain information as a result of your participation as part of the Program, which information we consider to be confidential (herein referred to as “Confidential Information”). For purpose of this Agreement, the term “Confidential Information” shall include, but not be limited to, any modifications to the terms and provisions of this Affiliate Program Agreement made specifically for your site and not generally available to other members of the Affiliate Program, website, business and financial information relating to RSHosting.com, customer and vendor lists relating to RSHosting.com and any members of the Affiliate Program, other than you. Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process. We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or such third person’s use of the information.
You hereby agree to indemnify, defend and hold harmless RSHosting.com, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys’ fees and costs) of any nature whatsoever incurred or suffered by us (collectively the “Losses”), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any promise, covenant, representation or warranty made by you herein; or (iii) or any claim related to your site.
Terminated accounts cannot later apply to the Program without our express written consent. This Agreement will be governed by the laws of the United States and the State of Delaware, without reference to rules governing choice of laws. RSHosting.com reserves the right to institute a reserve fund holding commissions for a time period deemed necessary in situations where sales generated by an affiliate consistently have a high chargeback/cancellation ratio. RSHosting.com will be the sole and final arbitrator for any and all disputes or claims related to the validity of sales. In order to facilitate accurate record-keeping, multiple RSHosting.com affiliate accounts spanning multiple affiliate networks are strictly prohibited. If you have an account with the RSHosting.com in-house affiliate program and also open a RSHosting.com affiliate account with another network such as Commission Junction, both affiliate accounts will be terminated and all commissions will be forfeited. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
A7. Binding Arbitration.
By participating in this affiliate program, you agree to binding arbitration for any disputes or claims that arise against RSHosting.com or its subsidiaries in conjunction with this program. An arbitration firm selected by RSHosting.com will be the sole and final arbitrator for any and all disputes or claims related or resulting from participation in this program. All decisions rendered are final. You also are responsible for any and all costs related to such arbitration.