Terms of Service and Acceptable Use Policy
Effective Date: September 19, 2024
1. Introduction
Welcome to madRooster.com ("madRooster.com", "we", "our", or "us"). By using our services, you agree to be bound by these Terms of Service and Acceptable Use Policy ("Terms"). Please review these Terms carefully before purchasing any services. We reserve the right to modify these Terms at any time without prior notice.
2. Account Ownership and Setup
- The individual whose name appears on the credit card, PayPal account, or check used for payment is considered the authorized account owner.
- Your account will be set up after payment is received and fraud screening is completed.
- You must provide a valid email address that is not associated with your domain(s).
- It is your responsibility to keep your contact information up-to-date.
3. Dedicated IP Addresses
Orders for dedicated IP addresses may be subject to justification in accordance with American Registry for Internet Numbers (ARIN) policies.
4. User Conduct
- Our services may only be used for lawful purposes.
- You may not post or transmit any unlawful, threatening, abusive, defamatory, obscene, or otherwise objectionable content.
- You may not engage in any activities that restrict or inhibit other users from using the Internet.
5. Content
- Use of our services to infringe upon any copyright or trademark is prohibited.
- Offering counterfeit merchandise will result in immediate account termination.
- If you believe your copyright or trademark is being infringed upon, please contact our abuse department.
6. Resource and Acceptable Usage
Please refer to our website for a detailed list of prohibited activities on shared, reseller, and dedicated server plans. This includes restrictions on adult content, proxy scripts, pirated software, excessive resource usage, and more.
7. Severe Account Violations
We have a zero-tolerance policy for spam, denial of service attacks, server exploitation, and abusive behavior towards staff. Violations may result in account termination without notice and possible fees.
8. Indemnification
You agree to indemnify and hold harmless madRooster.com from any liability, losses, or damages caused by your use of our services.
9. Refusal or Discontinuation of Service
We reserve the right to refuse or discontinue service to anyone at our sole discretion.
10. No Warranties
Our services are provided "as is" and "as available" without any warranties, express or implied.
11. Account Holder Identification Information
- You must be at least 18 years old or have parental consent to use our services.
- You must provide accurate and truthful information.
12. Sharing of Account Space and Resale Restrictions
Resellers are solely responsible for all use of their accounts and sub-accounts.
13. Payment and Other Information
- Payments are due in advance of the service period.
- Cancellation requests must be submitted through our helpdesk.
- Certain payments, such as those for dedicated servers or domain registrations, are non-refundable.
14. Money Back Guarantee
- Shared hosting plans have a 30-day money-back guarantee, subject to conditions.
- Contact us via our helpdesk for refund requests.
15. Overage Fees
- Overage charges for exceeding your allocated resources will be billed at the end of each month.
- You have three (3) days from the start of a new billing cycle to upgrade your plan to avoid overage fees from the previous month.
- Bandwidth overages: $0.25 per GB exceeding your limit.
- Reseller accounts with overselling enabled: $0.25 per GB for bandwidth and $0.10 per MB for disk space overages.
16. Uptime Guarantee/Network Service Level Agreement (SLA)
- We guarantee 99.95% uptime per calendar month, excluding scheduled maintenance and upstream provider outages.
- If uptime falls below 99.95%, you may be eligible for a credit of 5% of your monthly fee for each additional 30 minutes of downtime, up to a maximum of 100% of the monthly fee (excluding overage fees).
- To qualify, credits must be requested within 30 days of the end of the calendar month, and your account must be in good standing.
17. Backup Policy
- We recommend that you develop your own disaster recovery plan.
- We utilize an on-server backup solution as the primary backup source.
- We monitor our hardware for potential failures, but we cannot guarantee against data loss due to unforeseen hardware issues.
- Backups may occasionally become corrupted due to various factors.
- Backup assistance is provided as a courtesy, but we are not liable for any lost or corrupted data.
18. Cancellation Policy
- Cancellation requests must be submitted via our helpdesk by the main account contact.
- There are no cancellation fees, but requests must be made before your next billing cycle.
- Payments made up to your cancellation date are non-refundable, except within our 30-day money-back guarantee period.
- Your account username and password are required for verification.
19. Datacenter Tours/Visits
- Datacenter visits are limited to current colocation clients only.
- Visits must be pre-arranged with at least 96 hours' notice and are escorted.
- A fee of $150.00 per hour (in 30-minute increments) will be charged for datacenter access.
20. Agreement Acknowledgement
This agreement represents the complete understanding between you and madRooster.com. If any provision is found invalid, the remaining provisions shall remain in effect. By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
21. Additional Policies
- Non-Payment or Late Payment: Although your account may appear current, issues related to payment processing or system errors could occur. Confirm that your payment method is valid and that no issues have occurred with recent transactions.
- Spamming: Engagement in spamming activities, including the distribution of unsolicited bulk emails or other forms of spam, is a violation of our policies.
- Phishing: Sites involved in phishing activities, where deceptive practices are used to obtain sensitive information, are subject to immediate suspension.
- Warez: Hosting or distributing warez, which refers to illegal copies of software, games, or other copyrighted material, violates our Terms of Service.
- Illegal Content: Any content deemed illegal under applicable laws, including but not limited to illegal pornography, hate speech, or terrorist content, can lead to suspension.
- Abuse of Server Resources: Excessive use of server resources, such as runaway scripts or other activities that affect server performance, can result in suspension to maintain overall server health.
- Illegal Access Attempts: Unauthorized access attempts or other forms of hacking or cyber-attacks targeting our servers will lead to immediate suspension.
