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Terms of Service

Please review the following Terms of Service and Acceptable Use Policy before ordering any services from madRooster.com. You must agree with our Terms of Service and Acceptable Use Policy to purchase services from madRooster.com.

Terms of Service/Acceptable Use Policy

madRooster.com (referred hereinafter as 'madRooster.com', 'our', 'we' and 'us') is a website hosting company. All accounts on our web servers, including single-domain, reseller and resold accounts, are subject to the terms and conditions described in this document. Under the terms of this agreement, your placement of information on our servers is an acknowledgement that you have read, understand, and agree to be bound by terms and conditions below. We reserve the right to change this policy at any time without prior notification.

1. Ownership

The credit card holder, owner of the PayPal account or the name preprinted on the check (for mailed payments), which is used to establish or maintain the account, is considered the authorized and sole owner of the account.

2. Account Setup and Communication

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address that is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times.

If you have a domain name registered with madRooster.com, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. madRooster.com is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our helpdesk. Providing false contact information of any kind may result in the termination of your account.

In dedicated server purchases, or high-risk transactions, it may be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

3. Dedicated IP Addresses

All dedicated IP address orders, including those provided in a hosting agreement, may be subject to IP Address Justification. Justification practices are subject to change to remain in conformity with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP address request based on insufficient justification or current IP utilization.

4. User Conduct

Our services may only be used for lawful purposes -- any use of these services which violates any laws, which may apply to madRooster.com, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.

This means that while using the service, you may not:

  • Post or transmit any unlawful, threatening, abusive, defamatory, obscene, libelous, offensive, pornographic, indecent, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
  • Restrict or inhibit any other user from using and enjoying the Internet.

madRooster.com reserves the right to the final decision on what constitutes abuse.

5. Content

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another's copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please contact our abuse department via our helpdesk immediately.

6. Resource and Acceptable Usage

The following are prohibited on Semi-Dedicated and Dedicated Servers:

  • Adult content and pornographic material of any type without prior written consent from madRooster.com
  • Proxy scripts / anonymizers
  • Pirated Software, P2P sharing of copyrighted works, warez
  • Email Markerting
  • Push button mail scripts
  • Anonymous mail relay service
  • Sites promoting illegal activities
  • Sites that insight public unrest or disturbance
  • Hacker sites, repositories, downloads or resources
  • IP scanners
  • Bruteforce programs, scripts or applications
  • Sales of controlled substances, illicit substances or the portrayal thereof
  • Broadcast streaming of live sporting events (NFL, NBA, MLB, NASCAR, WWE, UFC, etc.)
  • Lottery or gambling sites
  • Investment sites including gold, stocks, bonds, currency and pyramid schemes
  • Any promotion or encouragement, including passive support of, activities to be deemed illegal or in violation of local, state, federal or international laws
  • Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as an IRCd.
  • Run any software that interfaces with any IRC (Internet Relay Chat) network.

Additionally the following are prohibited on our Shared and Reseller solutions:

  • AutoSurf/PTC/PTS/PPC Sites
  • Image hosting scripts
  • Tell A Friend scripts
  • File dump and mirror scripts
  • Cloud Storage / Backups Synchronization scripts without prior written consent from madRooster.com
  • Banner-Ad services
  • MUDs/RPGs/PBBGs
  • Commercial audio streaming
  • Escrow or bank debentures

Files/Folder Size and Limits on Shared / Reseller Plans - While our shared hosting solutions allow generous disk space, our fair usage policy requires the following limitations

  • No single file larger then 2GB in size without prior approval of the madRooster.com support team
  • No single directory that contains more than 4096 files/folders without prior approval of madRooster.com support team

Users may not initiate the following on our Shared / Reseller solutions:

  • Run any process that requires more than 512MB of memory space, more than 300 CPU seconds, or use more than 15% of all available system resources at any time.
  • Run any type of interactive real-time chat applications that require server resources that aren't available in your account's control panel. If you have a program you would like to run but doesn't meet these specifications, please contact us. Remotely-hosted services are fully allowed.

Users are also required to abide by the following:

  • Respond to abuse department inquiries within 48 hours. Failure to respond within 48 hours may result in the suspension or termination of your services. All abuse inquiries must be responded to in writing via our helpdesk within 48 hours

Sites found to be in violation of any of the above items are subject to immediate deletion and cancellation of the user account with refund for any services paid.

Notices:

  • Any site found to host child pornography, or linking to child pornography, will be suspended immediately, without notice, and the account turned over to Federal authorities
  • We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
  • Sites hosted on madRooster.com's service(s) are regulated only by U.S. law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. madRooster.com is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a US Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.
  • The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like madRooster.com are republishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user that creates or publishes the content. Therefore, madRooster.com should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under madRooster.com's web hosting service(s).
  • If in doubt regarding the acceptability of your site or service, please contact us and we will be happy to assist you.

7. Severe Account Violations

We take a zero tolerance stance against any of the following activities:

Spam Policy: Sending of unsolicited e-mail, commonly known as spam. Any user who sends out spam will have their account suspended without prior notice, this includes shared hosting, reseller and resold accounts. Additionally, any account owner or dedicated server owner who is in violation of this policy, may be charged clean up fees of $75.00 per hour at the discretion of a systems administrator or billing department.

Denial of Service Attack Policy: Any account launching a Denial of Service from our server(s) against any other server will be terminated without prior notice. Additionally, any account owner or dedicated server owner who is in violation of this policy, may be charged clean up fees of $75.00 per hour at the discretion of a systems administrator or billing department.

Server Exploiting Policy: Any account who is attempting or has attempted to successfully or unsuccessfully exploit any of the server's services, including but not limited to the HTTP server, FTP server or SSH server, or attempting to gain root access will have their account terminated without prior notice. Additionally, any account owner who is in violation of this policy, may be charged clean up fees of $75.00 per hour at the discretion of a systems administrator or billing department.

Abusive Behavior Against Staff: We believe in professional communication, regardless what the issue is. We will not tolerate any abusive behavior, abusive language or threats against any madRooster.com staff member(s). By violating this policy, we reserve the right to permanently suspend or terminate your account(s) without prior notice and without any refund.

madRooster.com reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion and without notice. madRooster.com also reserves the right to make any such modifications in an emergency at our sole discretion.

8. Indemnification

You agree to indemnify, defend, and hold harmless madRooster.com from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, madRooster.com, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and website content.

9. Refusal or discontinuation of service

madRooster.com reserves the right to refuse or discontinue service to anyone at madRooster.com's sole discretion.

madRooster.com may deny you access to all or part of the service without notice if you engage in any conduct or activities that madRooster.com in its sole discretion believes violates any of the terms and conditions in this agreement. madRooster.com shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification.

You agree that madRooster.com has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. madRooster.com reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. madRooster.com also reserves the right to refuse refunds in cases where madRooster.com believes abuse has taken place.

10. No warranties

madRooster.com makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by madRooster.com or its agents or employees shall create a warranty. madRooster.com provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components.

Under no circumstances shall madRooster.com be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with madRooster.com service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.

You understand that by placing information on madRooster.com's servers that such information becomes available to all Internet users and that madRooster.com has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of madRooster.com's servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through madRooster.com or on the Internet generally.

Your use of the service is at your sole risk. madRooster.com is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on madRooster.com servers.

You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by madRooster.com, including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future madRooster.com policy decisions.

madRooster.com reserves the right to monitor any and all communications through or with our facilities.

11. Account Holder Identification Information

You agree that you, as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name. You agree to supply madRooster.com with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use and prosecute if wrong doing is found.

12. Sharing of account space and resale restrictions

You agree and understand that the account you purchase is purchased either for yourself or on behalf of a client if you are a reseller. You understand that as a reseller, you are the individual solely responsible for all use of the account and any sub-accounts you create.

13. Payment and Other Information

You agree to supply appropriate payment for the services received from madRooster.com, in advance of the time period during which such services are provided. You agree that until and unless you notify madRooster.com, through the helpdesk of your desire to cancel any or all services received, those services will be billed on a recurring basis. You must include your account username and password for verification in order for your cancellation to be valid.

Payments made for dedicated servers, semi-dedicated servers, domain registrations, domain transfers or account upgrades are non-refundable.

Accounts that become 3 days past due will be suspended and a $4.95 reactivation charge will be billed to your account if you request reactivation of your account. Accounts will be terminated from madRooster.com's servers after 30 days of delinquency. Declined credit card payments will be subject to a $0.50 fee per decline to cover expenses with attempted charges.

madRooster.com has a price freeze guarantee which states that the plan and pricing you commit to during signup, will never change for as long as you are a client, in good standing, with madRooster.com. This guarantee excludes plan add-ons, such as dedicated IPs, control panels, and other options offered by madRooster.com. From time to time however, we may elect to upgrade your account to a more current plan if one is available where the monthly recurring cost is the same on the new plan and on your existing plan. We shall only upgrade accounts where the more current plan offers more for the same price.

14. Money Back Guarantee

Each shared hosting and reseller plan includes a full 30 day money back guarantee. If more than 50% of the plans resources have been used, no refund will be issued. No refunds are issued after 30 days.

Payments made for dedicated servers, semi-dedicated servers, domain registrations, domain transfers or account upgrades are non-refundable.

If you are not completely satisfied with our services within the refund time period specified for your plan, you will be given a full refund of the contract amount excluding overages, domain registration fees, domain transfer fees or account upgrades. No refund is available after that period for monthly subscribers. Unless otherwise stated by a billing department representative, any refunds will be issued via the payment method originally used to sign up only. This policy does not apply to any additional services such as overages, disk space, bandwidth, maintenance fees, etc.

Accounts cancelled/terminated by madRooster.com for violating our Terms of Service do not qualify for the 30 day money back guarantee. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund. This is to protect our refund guarantee from being abused. To receive a full refund, contact us via our helpdesk.

15. Overages

Overages are billed at the end of each month. All accounts have three (3) days of the current period to process a hosting account upgrade for the overage of the previous month. You can upgrade hosting accounts to a higher level to avoid overage charges. Bandwidth overages are billed at $0.25/per GB over your allocated transfer.

16. Uptime Guarantee/Network SLA

We guarantee that the server and connectivity will be available at least 99.95% per calendar month, excluding scheduled maintenance outages and upstream provider outages. If the monthly outages exceed the maximum allowed 0.05%, madRooster.com will credit 5% (five percent) of the client's monthly fee per additional 30 minutes of outages, up to 100% (one hundred percent), excluding any overage fees, of the monthly fee. If you have one plan across multiple servers, the average uptime across shall determine the uptime percentage. In order to qualify for a credit, it must be requested at the end of the calendar month, within 30 days, and your account must be in positive standing.

17. Cancellation Policy

All cancellation requests must be submitted via our helpdesk by the person listed as the main account contact. While there are no cancellation fees, you must cancel prior to your next billing cycle. Payments made up to your cancellation date are not refundable unless you are cancelling within our 30 day money back guarantee period. You must include your account username and password for verification in order for your cancellation to be valid.

18. Datacenter Tours / Visits

Datacenter visits are restricted to colocation clients only. All datacenter access is escorted and must be pre-arranged with a minimum of 48 hours notice. A fee will be charged in the amount of $75.00 per hour in 30 minute increments for access to the datacenter. This includes, but is not limited to: general tours of the facility, access to servers and racks, installation of equipment, repair or monitoring of equipment, or any other activity that will require access to the datacenter.

19. Agreement Acknowledgement

This agreement supersedes any written, electronic, or oral communication you may have had with madRooster.com or any agent or representative thereof, and constitutes the complete and total agreement between the parties. Should any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.

By placing and continuing to maintain or place information on madRooster.com's servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.


 
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Network Notices

Limited Support Staff Availability
UPDATED: 08/20/2017 8:57 PM
Here are madRooster.com we are not only commited to providing the best service possible, but also ensuring our employees have a great work envirnoment. As we are headquartered in Nashville, TN and some of our staff lives within the area, we have given them August 21, ... Read More »

 
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