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 RKL, Inc. (the "Services"). As used in this Agreement, "RKL, Inc." means RKLhost/RKL, Inc. and "Client", "you", or "your" means you. By clicking on the "Submit Order" or "Sign Up" button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the RKL, Inc. site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "RKL, Inc. Site" refers to the Site located at the URL http://www.rklhost.com, or any other successor Sites owned or maintained by RKL, Inc..

1. APPROPRIATE USE OF THE SERVICES
RKL, Inc. 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.

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 RKL, Inc. 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 RKL, Inc. or any third party;

violate any 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 any RKL, Inc. policy posted on the RKL, Inc. Site including, but not limited to, our Acceptable Use Policy (includes Adult Content Policy), UCE (SPAM) Policy, and CGI Abuse Policy.
contain viruses or other computer programming defects which result in damage to RKL, Inc. or any third party.

Bandwidth.
Client may occupy only the amount of disk space on the RKL, Inc. Server and utilize no more than the network bandwidth that is allotted by RKL, Inc.. Additional fees, specified in the Virtual Host plans page, will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan.

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 RKL, Inc., or otherwise, that mentions or reference any domain hosted on RKL, Inc. servers or parked on RKL, Inc. DNS servers. NOTE: THIS POLICY APPLIES TO VIRTUAL SERVER ACCOUNTS, AND ALL DOMAINS, NAMES SERVERS AND PARKED DOMAINS HOSTED ON THE SERVER. (Violators will be fined! Refer to our UCE (SPAM) Policy).

Licensed Software Only.
Client agrees to use only properly licensed third party software in connection with Client's use of the Services.

Back-Up Files.
Client will have the ability to reinstate files which are automatically archived by RKL, Inc.; however, RKL, Inc. does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services. Backup capability is available through the Client’s Control Panel. Extra charges apply for restoring data from backups.

Multimedia and/or Software Distribution.
Such items have the potential of adversly affecting the quality of service experienced by other sites hosted on the server. RKL, Inc. does not allow systematic distribution of multimedia (images, sound, video, flash, etc) and software files from its servers. Bandwidth consumed by such items can not exceed 20% of the total traffic generated by the web site.

Termination.
RKL, Inc. reserves the right to refuse service to anyone at any time. RKL, Inc., in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. Any balance due to cancellation for violation of the above, is forfeited. To report any unacceptable behavior by a third party using the Services, please contact abuse@RKL, Inc..

2. PAYMENT OBLIGATIONS

Prompt Payment.
Client must promptly remit payment to RKL, Inc. when it is due. If payment or credit authorization is not received by the date due, RKL, Inc. reserves the right to delete all content from the Clien't website and make it inaccessible to Client. Furthermore, RKL, Inc. shall utilize the services of collection agencies to collect amounts due and also reserves the right to report delinquent accounts to credit bureaus.

Domain Names.
If Client chooses to register a domain name(s) through RKL, Inc., Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. RKL, Inc. does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.

3. CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall RKL, Inc. 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 RKL, Inc. 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.

4. TERM, TERMINATION & CANCELLATION
Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect for a period of no less than one (1) year unless otherwise specified by separate agreement (the "Term") or unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon 30-day notice to the other party. If Client is terminating this Agreement, Client must request cancellation by email to billing@RKL, Inc.. RKL, Inc. will respond with a cancellation number, which Client shall retain as proof of termination. All Client cancellation requests will become effective 30 days after cancellation notice has been provided to RKL, Inc.. Any other attempt by Client to cancel this Agreement by written or e-mail notice shall be void. Sections 3 - 9 shall survive termination or expiration of this Agreement. In case that the Client's continuing usage of the service is jeopardizing the stability of RKL, Inc.'s service to other clients, RKL, Inc. reserves the right to immediately terminate this agreement.

5. REFUNDS
Services provide by RKL, Inc. are on a month to month basis. As such, once accounts are active, refunds for services are not provided. Prior to activation, you may request a refund in full. You may cancel your services at anytime, however your account will remain active for the remainder of your fully paid billing period.

This policy is in response to the unfortunate need to protect our systems and resources from unethical abuse.

6. TAXES
Client will pay and indemnify and hold RKL, Inc. 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.

7. DISCLAIMER OF WARRANTY
THE SERVICES, THE RKL, Inc. SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE RKL, Inc. SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. RKL, Inc. 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, RKL, Inc. 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.

8. LIMITATION OF LIABILITY
IN NO EVENT SHALL RKL, Inc. BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE RKL, Inc. SITE OR ANY RKL, Inc. 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 RKL, Inc.’s CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIFTY DOLLARS ($50 US).

9. MISCELLANEOUS
Notices. Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by postal mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile.

If to RKL, Inc.:

RKL, Inc.
305 Twinbridge Circle
Pleasant Hill, CA 94523

If to Client:

Name and address provided for account setup.

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 RKL, Inc.. 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, except with regard to it’s conflict of law rules. This Agreement and RKL, Inc.’s policies are subject to change by RKL, Inc. without notice. Continued usage of the Services after a change to this Agreement by RKL, Inc. or after a new policy is implemented and posted on the RKL, Inc. Site constitutes your acceptance of such change or policy. We encourage you to regularly check the RKLhost.com Site for any changes or additions.