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Terms of Service
All services provided by Raymond Day 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 law is prohibited. This includes, but is not
limited to: copyrighted 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 Raymond Day from any
claims resulting from the use of service which damages the subscriber or any
other party. Prohibited are sites that promote any illegal activity or present
content that may be damaging to Raymond Day servers, or any
other server on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
pirated software
hacker programs or archives
Warez sites
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN
ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ
PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED
IMMEDIATELY, WITHOUT NOTICE, AND A £25.00 CANCELLATION FEE WILL APPLY.
ADDITIONALLY, RAYMOND DAY WILL NOTIFY THE PROPER AUTHORITIES OF
YOUR ACTIONS.
Traffic Usage
All account plans come with a predetermined amount of traffic allowance. We
monitor all accounts and bill £0.25 for each gig of traffic exceeded. This
amount is not prorated, meaning that 1 mb - 1 gigabyte will be treated and
billed as the same. For customers billed via 95th percentile the standard
overage rate is £40.00 unless otherwise noted on the customer contract.
Budget Unmetered Traffic Usage
Raymond Day may provide versions
of the Service with different speeds and bandwidth usage limitations, among
other characteristics, subject to applicable Service plans. You shall ensure
that your use of the Service does not restrict, inhibit, interfere with, or
degrade any other user's use of the Service, nor represent (in the sole judgment
of Raymond Day) an overly large burden on the network. In addition, you shall
ensure that your use of the Service does not restrict, inhibit, interfere with,
disrupt, degrade, or impede Raymond Day's ability to deliver and provide the Service and monitor the Service,
backbone, network nodes, and/or other network services.
You further agree to comply with all Raymond Day network, bandwidth, and data storage and usage limitations.
You shall ensure that your bandwidth consumption using the Service does not
exceed the limitations that are now in effect or may be established in the
future. If your use of the Service results in the consumption of bandwidth in
excess of the applicable limitations, that is a violation of this Policy. In
such cases, Raymond Day may, at its sole discretion, terminate
or suspend your Service account or request that you subscribe to a version of
the Service with higher bandwidth usage limitations if you wish to continue to
use the Service at higher bandwidth consumption levels.
Budget Unmetered Servers may not use more than
10% of their total port speed for more than six(6) hours per month. If your
account is found to be in violation of this stipulation then Raymond Day may suspend, cancel or limit your port speed at it's discretion.
IRC
We currently do not allow IRC or IRC bots to be operated on our servers.
Server Abuse
Any attempt to undermine or cause harm to a server or customer of Raymond Day is strictly prohibited.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole
discretion.
All sub-networks, distributive hosting sites and
dedicated servers of Raymond Day must adhere to the above
policies, with the exception of system resources in respect to dedicated
servers.
Billing
By the Account Activation Date of each month, Raymond Day shall
either: (1) debit the client's credit card (when such information has been
provided by the client); or (2) deliver, by e-mail or regular mail, an invoice
in accordance with the applicable Service Fees for services rendered for the
current month. When an invoice is delivered to the client, payment shall be
remitted to Raymond Day by no later than the specified payment
due date. Raymond Day shall be entitled to immediately terminate
this agreement for client's failure to make timely payments. You will be
provided with an invoice on a monthly basis. All credit cards are billed
automatically on a monthly basis. It is the client's responsibility to ensure
that they have sufficient credit to cover this transaction. In the event that
there is insufficient credit, we will send an e-mail notification, at which
point we will need to be provided with another credit card account number within
24 hours. If we do not receive a response within 24 hours, the account, and all
accounts under that account plan, will be suspended.
Service Fees
Certain services carry a set-up fee charged by Raymond Day to
client, which must be paid by client in order to have use of said services. If
client terminates this agreement, client shall be responsible for any and all
outstanding fees owed to Raymond Day and agrees to pay any and
all fees incurred by client. Because the services are provided on a monthly
basis, the client will be responsible for service fees incurred each month,
regardless of when client provides notice of termination. Thus, for example, if
the client provides notice of termination on the 15th day of a particular month,
the client will be responsible for service fees for the entire month, and such
fees will not be pro-rated or refunded. If client has retained the services for
one year and has pre-paid Raymond Day for such services, refunds
will be issued for any unused full month of the services, upon client's request.
Therefore, if client's account is canceled at any point during the one-year
term, client will be entitled to a refund for the months remaining, after notice
given by the 25th day of the preceding month.
Account Deactivations
Any account deactivated due to non-payment will require a reactivation fee of
£10.00 prior to reactivation.
Cancellation Refunds
We DO NOT refund partial monthly fees to accounts. No refunds are given on any
VPS or dedicated servers or setup fees for VPS or dedicated servers. We require
7 days notice for a cancellation.
PLEASE NOTE: domain name registration fees WILL
NOT be refunded.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole
discretion.
Limitation of Liability
Raymond Day shall not be responsible for any claimed damages,
including incidental and consequential damages, which may arise from Raymond Dayservers going off-line or being unavailable for any reason
whatsoever. Furthermore, Raymond Day shall not be responsible
for any claimed damages, including incidental or consequential damages,
resulting from the corruption or deletion of any web site from one of Raymond
Day servers. All damages shall be limited to the immediate
termination of service.
Violations
Violations of these Acceptable Use Policies should be referred to the Abuse
Department. All complaints will be investigated promptly. Failure to follow any
term or condition will be grounds for immediate account deactivation.
Disclaimer
Raymond Day cannot be held liable for system down time, crashes
or data loss. We cannot be held liable for any predicated estimate of profits
which a client would have gained if their site was functioning. Certain services
provided by Raymond Day Servers are resold. Thus, certain
equipment, routing, software and programming used by Raymond Day
are not directly owned or written by Raymond Day. Moreover,
Raymond Day holds no responsibility for the use of our clients'
accounts. Failure to comply with any terms or conditions will result in the
automatic deactivation of the account in question. We reserve the right to
remove any account, without advance notice for any reason without restitution,
as Raymond Day sees fit.
Account Activation
By activating your account with Raymond Day, you agree to the
above policies and disclaimer. Upon requesting activation of an account, you are
required to accept these policies, guidelines and disclaimer, and a copy of your
acceptance is forwarded along with your activation request to be maintained with
your account information.
NOTICE: If you sign up for an account and fail to comply with these terms, no
refunds will be given. We will, however, advise you by e-mail or phone prior to
taking any action to provide you with an opportunity to correct the problem.
Raymond Day reserves the right to
amend any or all of the above policies, guidelines and disclaimer without
notification. We also retain the right to increase any pricing and make changes
to our account plans without notification.
Raymond Day reserves the right to
amend any or all of the above policies, guidelines and disclaimer without
notification. We also retain the right to increase any pricing and make changes
to our account plans without notification. |