This Royalty Networks Terms Of Service agreement (hereafter referred to as the "TOS") lays down the terms and conditions by which Royalty Networks' Hosting Services (hereafter referred to as the "Services") will be provided to you upon registration. The TOS also describes prohibited uses of the Services. This TOS is not exhaustive and Royalty Networks reserves the right to modify it from time to time, effective when notification is posted at www.royaltynetworks.com. No verbal or written agreement/statement by any Royalty Networks employee or at Royalty Networks' website will take precedence over the TOS.

On registering for and using the Services, you the Customer agree to all the terms and conditions of the TOS, as modified from time to time, in its entirety. If Customer resells the Services he or she is paying for, the Customer will be responsible for his or her Clients. Royalty Networks only recognizes the Customer who is paying for the Services and not his or her clients. Violation of the TOS or any such action that Royalty Networks deems inappropriate may result in the termination or suspension of the Services for the Customer.

Payment

The Services purchased by the Customer will be in the form of a specific Linux, Windows or Reseller Plan. Each Service Plan outlines the features, resources and storage that Royalty Networks will provide to the Customer for the stated Service Fee. Each Service Plan along with their features, resources, storage and Service Fee are defined at www.royaltynetworks.com. Royalty Networks has the sole right to determine how the features, storage and resources under each Service Plan are interpreted and how they will be provided to the Customer. The Customer must clarify any questions about the Service Plan he or she wishes to purchase with Royalty Networks before registration. The Service Plan will be provided to the Customer in the form of a Service Account, which would allow the Customer to manage and use the features, resources and storage stated in the chosen Service Plan. All prices mentioned in the TOS and at www.royaltynetworks.com are in US Dollars (USD).

While registering for a Service Plan, the customer may choose a Billing Period (also know as Payment Term) of 1 Month, 3 Months, 6 Months or 1 Year. All Service Accounts are setup on a pre-pay basis. Upon the start of each Billing Period, the Customer will be charged the Service fee for the duration of the Billing Period. There may be additional charges according to our Overage Policy if any additional resources, features or storage is purchased or used by the Customer under the chosen Service Plan (which were not otherwise included for free). The Billing Period will renew itself automatically unless the Customers chooses to cancel his or her Service Account.

All charges will be debited against the Customer's balance maintained by Royalty Networks. If the Customer's debt exceeds the Credit Limit stated on the Control Panel, he or she is required to clear his or her balance within 7 days by the chosen Payment Mode (selected during registration). Failure of customer to pay any debt exceeding the Credit Limit would lead to Service Account suspension. The Customer's Service Account would only be resumed when the customer clears his or her balance and pays for the Service Fee for the duration of the next Billing Period as well. If the Customer doesn't pay his or her balance within 14 days after Service Account suspension, Royalty Networks reserves the right to terminate the Customer's Service Account.

A fee of $30 USD will be levied for every returned cheques and chargebacks. Royalty Networks reserves the right to change pricing of the Services from time to time. Royalty Networks also reserves the right to withdraw any feature from a Service Plan, at any time it wishes to do so.

Overages

If Customer exceeds the feature, storage or resources limits defined by his or her chosen Service Plan, he or she will be charged for the extra usage according to the Overage rates outlined in the Control Panel under Billing > Online Prices. Customer may also purchase additional features, storage and resources at the rates stated on the Service Plan description. All overage rates are prorated. The overage fees charged will be for the remaining portion of the Customer's current Billing Period.

30 Day Money Back

Under the 30 Day Unconditional Money Back Guarantee, the Customer will be eligible for a full refund consisting of their purchase price, less any charges for domain name registration, bandwidth usage, bandwidth overages and product add-ons, all of which are non-refundable. If the domain name has been obtained for free, a charge of $11.95 will be subtracted. Full refunds will be granted to customers within 30 days of their registration if he or she chose Credit card or PayPal as their payment method.

Refunds will not be made if the Customer's balance is not current or if the Customer has violated any terms of the TOS.

The 30 Day Money Back Guarantee is limited to one per customer to avoid abuse of the system.

Cancellation

All Service Accounts must be cancelled through our client portal 30 days before the Service Account's next billing cycle.

Liabilities/Obligation on Service Account Termination

Services are provided on an "as is" basis." Royalty Networks is not liable to you for any compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from the interruption, termination, suspension or cancellation of your Service Account.

Customer is liable to pay all charges accrued during Service Account operation. The customer is in no way relieved from paying these charges on Service Account interruption, suspension, termination or cancellation.

Material and Product Requirements

You must ensure that all material and data placed on Royalty Networks' servers/systems is in a form requiring no additional manipulation by Royalty Networks. Royalty Networks will make no effort to validate any of this information for content, correctness or usability.

Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use of the Services. You must have the necessary knowledge for your intended use of the Services. Royalty Networks will not provide this knowledge to the Customer.

Intellectual Property Rights

You must not use the Services in a manner that would infringe, violate, dilute or misappropriate any copyright laws, or laws protecting trademarks, trade secrets or proprietary information. If you use a domain name in connection with the Services, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Website Operation and Security

If you run a Website through the Services, you are solely responsible for it's operation and maintenance and Royalty Networks plays no such role in it.

You are also responsible for the security of any client credit card numbers and related client information you may access as a result of conducting electronic commerce transactions through your Website. Royalty Networks will not be responsible for the security of such information.

You also expressly (i) grant to Royalty Networks a license to cache the entirety of your Website, including content supplied by third parties, hosted by Royalty Networks under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

IP Address Ownership

Royalty Networks shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Royalty Networks. All IP numbers and addresses assigned by Royalty Networks will require justification before use. Royalty Networks reserves the right to change or remove any and all IP numbers and addresses.

Customer Data Backup/Restore

Royalty Networks automated backup system will backup all shared and reseller customers data and store them for a duration of 30 days. Free backup are included on all shared and reseller accounts as a courtesy. Royalty Networks VPS customers get free weekly system image backups. Each backup will overwrite the previous week's backup. Royalty Networks is not responsible for data residing on your account and/or server. You agree to take full responsibility of your data and ensure you carry a backup of all files stored on Royalty Networks servers.

Royalty Networks offers free restores to all shared, reseller and VPS clients upon request. This service is free of charge and offered as a courtesy. Free restore applies only to active accounts with no unpaid invoices. If the customer account is suspended, terminated or unpaid invoices are present, a charge of $30.00 will apply to all backup/restore requests.

General Abuse

Any attempt to cause harm or undermine Royalty Networks' servers, computers, network or customers is prohibited. Use of the Services to carry out any activity that is illegal under US and International laws is also prohibited.

Prohibited uses of the Services also include, but are not restricted to:

  1. Use of IRC, bots or clients
  2. Unsolicited Bulk Emailing
  3. Newsgroup spamming
  4. Hosting, promoting or linking to pornographic content
  5. Illegal Content
  6. Copyright infringement
  7. Trademark infringement
  8. Hosting and linking to pirated computer software and music.
  9. Hosting/linking to software or information (such as software cracks, software cracking tutorials and software serial numbers) that may help any individual to obtain copyrighted software or music illegally.
  10. Hosting or linking to computer software that may be used for spamming (know as spamware)
  11. Providing/Promoting material that is grossly offensive to Internet Users which includes blatant expressions of bigotry, racism or hatred
  12. Providing/Promoting material about illegal activities or promoting physical injury or harm against any group or individual
  13. Providing/Promoting material about exploitation of children under the age of 18

Email Abuse

The following activities are considered as email abuse and are prohibited:

  1. Unsolicited bulk emailing. This includes, but not limited to commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such emails may only be sent in if the receiver explicitly requested such information directly from you.
  2. Stealth Emailing. This includes forging, altering or removing email headers
  3. Mail Bombing. This includes sending a large number of emails to disrupt or compromise servers, systems or networks.
  4. Emailing that may harass or intimidate others. This includes harassment or intimidation through frequency of emails, size of emails and the language of emails. If the recipient asks to stop, you must discontinue sending any further emails.
  5. Newsgroup Spamming. This includes unwelcome commercial advertising and posting that may be against the rules of a Usenet discussion group or mailing list.

Any use of Spam (Unsolicited Bulk Email) is prohibited. Any cusomter found utilizing bulk email thorugh our system will receive a warning unless the level of spam requires more drastic action. This is at Royalty Networks' discretion to determine the appropriate action. Royalty Networks maintains a Zero Tolerance policy for spam and spam related actions. Royalty Networks reserves the right to terminate any and all accounts accused of multiple spam complaints. Additionally, Royalty Networks reserves the right to charge the sum of $100 USD for each spam complaints received.

Server Abuse

Server abuse includes any process or service usage that affects normal server/system operation, resources or connectivity, and which causes a server/system to become overloaded. Such abuse includes, but is not limited to, excessive CPU, hard disk and memory usage, excessive number of concurrent processes, excessive number of concurrent port or database connections and excessive bandwidth usage. Possible causes for server abuse include, but are not limited to, the excessive use of: CGI, Perl, Sendmail, MySQL, MSSQL, PHP, ASP, HTTP, SMTP, POP3 and FTP. Upon detection of server abuse, Royalty Networks will try to disable the specific script, website or database that is causing the abuse under your Service Account. If this is not possible, Royalty Networks will suspend your entire Service Account. The specific script, website or database under the Service Account or the Service account itself will only be resumed once the Customer has corrected the problem and convinced Royalty Networks that the abuse will not occur again. Royalty Networks will endeavor to provide prior notification before carrying out any such action but Royalty Networks may do so without any such notification and at its own discretion.

Lawful Purpose

Royalty Networks reserves the right to refuse service to anyone. Customers may only use the Services for lawful purpose. Transmission of any material in violation of US and International laws is prohibited. This includes, but is not limited to copyrighted material without explicit permission from the author/owner, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Royalty Networks. Regardless of the place of signing this agreement, the client agrees that for purposes of venue and jurisdiction the TOS was entered into and performed in Montreal , Quebec , Canada and any dispute will be litigated or arbitrated in Montreal , Quebec , Canada . Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in the courts of Canada . IN NO EVENT SHALL ROYALTY NETWORKS' MAXIMUM LIABILITY EXCEED UNUSED PORTION OF THE TOTAL AMOUNT PAID BY CUSTOMER.

Notifications

All notifications to the customer will be sent by electronic mail (email). It is the responsibility of the customer to ensure his or her email address is valid at all times. Royalty Networks will not be responsible if Customer fails to receive any email Royalty Networks attempted to send.

Indemnification

CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD ROYALTY NETWORKS HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST ROYALTY NETWORKS, 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 ROYALTY NETWORKS AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH ROYALTY NETWORKS SERVICES; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM ROYALTY NETWORKS SERVICES.

Disclaimer

ROYALTY NETWORKS WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. ROYALTY NETWORKS MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. ROYALTY NETWORKS DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY ROYALTY NETWORKS AND ITS EMPLOYEES. ROYALTY NETWORKS RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.