Acceptable Use Policy & Terms of Service Agreement

RCC GRAPHIC DESIGNS Managed Website Hosting is designed to serve the web hosting needs of small, independently owned and operated businesses within North America. It is not appropriate to use our services to support large enterprises or internationally based businesses with a sustained demand that places undue burden on our systems or negatively impacts use by small, independently owned and operated businesses. RCC GRAPHIC DESIGNS offers a shared web hosting service, which means that a number of customers web sites are hosted from the same server. RCC GRAPHIC DESIGNS uses abuse controls to help ensure that use of our services does not adversely affect the performance of our system or other customers sites. It is not appropriate to use an account primarily as an online storage space or for archiving electronic files.

ACCEPTABLE USE POLICY & TERMS OF SERVICE

The following is the entire Acceptable User Policy (AUP) agreement between RCC GRAPHIC DESIGNS and , the personal or corporate account holder (You/Your Customer), for . RCC GRAPHIC DESIGNS provides World Wide Web Hosting, Marketing, and Development. RCC GRAPHIC DESIGNS has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services. RCC GRAPHIC DESIGNS general policy is to act as a RCC Graphic Designs of Internet presence. RCC GRAPHIC DESIGNS reserves the rights to suspend or cancel a customers access to any or all services provided by RCC GRAPHIC DESIGNS when we decide that the account has been inappropriately used.

SERVER ABUSE

Any attempt to undermine or cause harm to a server or customer of RCC GRAPHIC DESIGNS is strictly prohibited. RCC GRAPHIC DESIGNS will strongly react to any use or attempted use of an Internet account or computer without the owners authorization. Such attempts include Internet scamming (tricking other people into releasing their passwords), password theft, security hole scanning, etc. Any unauthorized use of accounts or computers by you, whether or not the attacked account or computer belongs to RCC GRAPHIC DESIGNS, will result in action against you. Possible actions include warnings, account suspension or cancelation, as well as civil or criminal legal action, depending on the seriousness of the attack. IMPORTANT NOTE – RCC GRAPHIC DESIGNS has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below. You may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by RCC GRAPHIC DESIGNS to be unacceptable use of our services including abuse of server resources.

WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS

All web applications that are out-of-date and actively being exploited will be shut down immediately without prior notice. You are responsible for your uploaded content and RCC GRAPHIC DESIGNS will evaluate your web-based applications and scripts on a regular basis, under your signed Service Agreement with RCC GRAPHIC DESIGNS, to ensure their security and orderliness. Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.

STORAGE SPACE ABUSE

RCC GRAPHIC DESIGNS will not tolerate any form of storage space abuse. At least 90% of your web pages (HTML) must be linked with files (GIF, JPEG, etc.) stored on RCC GRAPHIC DESIGNS servers. Website that are found to contain either/or no HTML documents, a large number of unlinked files are subject to files deletion or account cancelation at the discretion of RCC GRAPHIC DESIGNS Systems Administrator (MANAGEMENT), with or without prior notice. RCC GRAPHIC DESIGNS will be the sole arbiter as to what constitutes a violation of this provision.

BANDWIDTH ABUSE

The intention of RCC GRAPHIC DESIGNS is to provide a large bandwidth to transfer web documents, and not an offsite storage area for electronic files. If you violate this condition, you will be notified and given 48 to 72 hours to remedy the problem. Failure to do so will result in the suspension of your account and your website being disabled within 5 business days of your first notice. RCC GRAPHIC DESIGNS will be the sole arbiter as to what constitutes a violation of this provision.

UNSOLICITED EMAIL & SPAMMING

Unsolicited commercial advertisements (SPAM) are not allowed in e-mail, and will likely result in account cancelation. RCC GRAPHIC DESIGNS takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network, in accordance to Canada’s anti-spam legislation (CASL). If found, we will delete your account without any prior notice. The following unsolicited activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers – any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account (mail bombing); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing lists charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages. NOTE – If you use the services of another provider, such as an email marketing service, to promote a website hosted by or through RCC GRAPHIC DESIGNS (spamvertising), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.

TECHNICAL SUPPORT BOUNDARIES

RCC GRAPHIC DESIGNS provides technical support for you that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of your website issues, servers within our immediate responsibility and any other hosting related issues. However, in under no circumstances is RCC GRAPHIC DESIGNS neither obligated to help you in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by you previously. We will only provide assistance in making sure any applications installed by RCC GRAPHIC DESIGNS are installed and operational as directed by you.

CHAT ROOMS

We do not allow you to install your own chat rooms within a shared hosting account, without approving it with RCC GRAPHIC DESIGNS. This includes, but not limited to, chat applications written in PHP, Perl, CGI, Python, Ruby, etc. Any web application that provides real-time chat is also not permitted. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, web based forums such as vBulletin, phpBB or similar forum scripts are acceptable.

FILE SERVER

RCC GRAPHIC DESIGNS installed and provides special file-servers in our network infrastructure for your benefit as a means of storage for electronic files and applications that are not dynamically generated and is downloadable in nature. Files such as MP3, MP4, AVI, MID, MIDI, MPG, MPEG, MOV, ZIP, RAR, PDF, PDFX, DOC, DOCX, XLS, XLSX, PPT and PPTX and anything else we deemed as downloadable and not dynamically generated scripting languages are to be stored within these file-servers, away from the web servers. This Policy does not apply for image files formats such as JPG, JPEG, GIF, PNG and BMP. In addition, all electronic files stored within RCC GRAPHIC DESIGNS file-servers must be legally owned and be accompanied with a valid license and/or copyright. This include and is not limiting to MP3, MP4, AVI, MID, MIDI, MPG, MPEG, MOV, ZIP, RAR, PDF, PDFX, DOC, DOCX, XLS, XLSX, PPT, PPTX. Should we discover any unlicensed and/or illegal files within your account, the files will be subjected to deletion without any further notifications. File-servers will not be backed up. You are advised to have your own backup locally or elsewhere other than within the RCC GRAPHIC DESIGNS servers. If you are found to not adhere to this Policy, the offending material(s) will be deleted from your hosting account without any prior notice. This service is only available for RCC GRAPHIC DESIGNS SHARED-HOSTING customers.

IRC

We currently do not allow IRC or IRC bots to be operated on our servers. IRC servers are not permitted on our network.

PAYMENT POLICIES

All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts as well as major account changes and are non-refundable. All pricing is guaranteed for the term of prepayment. RCC GRAPHIC DESIGNS reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. You are responsible for all fees owed on the account from the time it was established to the time that you notifies RCC GRAPHIC DESIGNS to request for termination of services. All payment is in Canadian currency. RCC GRAPHIC DESIGNS will bill each client CAD$50 per returned check, per wire transfer received and per credit card chargeback received. All RCC GRAPHIC DESIGNS accounts are setup on anniversary billing cycles. your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle during a current cycle, there will be a CAD$50 fee. Please contact the billing department at sales@rccgd.com should you wish to change your anniversary billing cycle.

CANCELLATION OF SERVICE

RCC GRAPHIC DESIGNS reserves the right to cancel a service at any time. All fees paid in advance of cancellation are non-refundable. Any violation of policies which results in extra costs billed to you (i.e. transfer, space etc.). Setup fees are refundable only if the account order is canceled prior to account activation. If you cancel, the full contract amount less any setup fees and overages will be refunded if RCC GRAPHIC DESIGNS is notified within the first 15 days following activation. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, domain registration fees, etc. For credit card payment, refunds will be made to a PayPal account made available by the Customer. Refund policy will not be made available to Customers using wire transfers. All account cancellations must be done via written mail or e-mail from your business e-mail account only to sales@rccgd.com. Phone or verbal requests will not constitute acceptance of any cancellation.

RCC GRAPHIC DESIGNS may offer subsequent promotional rates or special offers, the terms of which may or may not be more favourable than the terms and conditions for your Services. Any such promotions or modifications shall not affect your obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.

INTELLECTUAL PROPERTY RIGHTS

Material accessible to you through RCC GRAPHIC DESIGNS services may be subject to protection under the government of Canada or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, you must not use RCC GRAPHIC DESIGNS or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the RCC GRAPHIC DESIGNS network. If you use a domain name in connection with RCC GRAPHIC DESIGNS or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party. Customers may not use the RCC GRAPHIC DESIGNS network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into a server or account you are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organizations security policy. You may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. RCC GRAPHIC DESIGNS will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

ELECTRONIC COMMERCE

You will be solely responsible for the development, operation and maintenance of your online store and products along with all content and materials appearing online or on your products, including without limitation: (a.) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b.) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c.) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from. You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your website. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.

STATIC & DYNAMIC CONTENT CACHING

You expressly (i) grant to RCC GRAPHIC DESIGNS a license to cache the entirety of your website, including content supplied by third parties, hosted by RCC GRAPHIC DESIGNS 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

RCC GRAPHIC DESIGNS shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by RCC GRAPHIC DESIGNS. RCC GRAPHIC DESIGNS reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

LAWFUL PURPOSE

RCC GRAPHIC DESIGNS reserves the right to refuse service to anyone. You may only use RCC GRAPHIC DESIGNS server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in Canada or the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated Warez, OGG, AVI, MPEG, ISO, Hacker programs or archives, Copyrighted Digital Movie Copies (DIVX) and Unlicensed MP3. The designation of any materials as such described above is left entirely to the discretion of RCC GRAPHIC DESIGNS management. If illegal content or usage is found, the account will be suspended and/or terminated. You agree that RCC GRAPHIC DESIGNS may disclose any and all your information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification. Regardless of the place of signing this agreement, You agree that for purposes of venue this contract is entered in Burlington, Ontario, Canada, and any dispute will be litigated or arbitrated in Burlington, Ontario, Canada. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Burlington, Ontario, Canada courts.

INDEMNIFICATION

YOU AGREE THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD RCC GRAPHIC DESIGNS HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEYS FEES ASSERTED AGAINST RCC GRAPHIC DESIGNS, 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 YOU, YOUR AGENTS, EMPLOYEES OR ASSIGNS. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS RCC GRAPHIC DESIGNS AGAINST LIABILITIES ARISING OUT OF: (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH RCC GRAPHIC DESIGNS SERVERS. (2) ANY MATERIAL SUPPLIED BY THE 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 RCC GRAPHIC DESIGNS SERVERS.

DISCLAIMER

RCC GRAPHIC DESIGNS WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. RCC GRAPHIC DESIGNS MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. RCC GRAPHIC DESIGNS 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 RCC GRAPHIC DESIGNS AND ITS EMPLOYEES. RCC GRAPHIC DESIGNS RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF RCC GRAPHIC DESIGNS MUST ADHERE TO THE ABOVE POLICIES.FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT CANCELATION.

PRIVACY STATEMENT

RCC GRAPHIC DESIGNS follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully. For any information on our terms of service or our websites and email policies, please contact us at sales@rccgd.com or call (905) 220-7679. We at RCC Graphic Designs thank you for your trust and support.

Last updated: March 7 2016

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Signed by Rommel C. Caibal
Signed On: May 16, 2020

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May 14, 2020 10:51 am EDT

Acceptable Use Policy & Terms of Service Agreement Uploaded by Rommel C. Caibal - sales@rccgd.com IP 24.141.162.199