TOS Agreement

RCYSY Web Services
Terms of Service Agreement

1. Introduction

RCYSY is a web hosting service. In order to maximize the efficiency with which we serve our customers and to protect the best interests of both RCYSY and our customers, we require all customers to agree to the terms of this document before beginning paid service with us. By placing information on our servers, you acknowledge that you have read and understand this agreement, and agree to be bound by the terms and conditions contained herein.

2. Definitions

A "RCYSY" refers to the web hosting service provided by RCYSY Web Services.

B. "Customer" refers to you, the party requesting service from RCYSY and using services provided by RCYSY.

C. "The Service" refers to the service(s) provided by RCYSY to its customers, including, but not limited to, the use of space on RCYSY internet servers for the purpose of storing data to be transmitted across the Internet, the use of RCYSY Internet servers to process data and return information to visitors at customer web site(s), the use of RCYSY domain name servers to answer domain name queries for customer domain name(s), and the use of RCYSY mail servers for sending and/or receiving electronic to and/or from others on the Internet or other data networks worldwide.

3. Scope of our Services

RCYSY will provide you with the services you choose as detailed on our web site at RCYSY.COM.

4. Termination of This Agreement

To cancel your account, you must use the support ticket system in the billing/support control panel.

5. Your Responsibilities

A. You must supply appropriate payment for RCYSY service before starting use of the service.
B. You should maintain a current copy of all data stored on RCYSY servers. RCYSY makes backups, but these backups are for our sole use in the case of a catastrophic data loss on the server and cannot be used to recover an individual customer's data due to the customer's accidental or intentional deletion of files.
C. You must use the service only for lawful purposes.
D. You must comply at all times with our policies. In agreeing, you understand that the policies can and will change periodically without notice. A complete and updated list of our policies is located publicly at our web site.
E. You must allow us to contact you in any way shape or form for purposes that we deem appropriate within the constructs of US Law.
F. You must not slander, libel, or publish defamatory information against us in any way or manner.
G. Mass emailing is not allowed, neither is sending of spam emails. The only form of mass emailing is to be done through the Mailman lists, and then only when each member has willfully subscribed to the list (no mass subscriptions).
H. You must carefully evaluate any software, programs or scripts installed on the server to be sure that it will not disrupt normal services for other users. Any software, program or script that is being disruptive or impairing the server from performing correctly may be removed or modified.
I. You must keep email accounts current. Full or abandoned accounts may be purged or deleted.

6. Service at Will

We reserve the right to refuse or discontinue service to anyone at our sole discretion. We may deny you access to all or part of the service if you engage in any conduct or activities that we believe violates any of the terms and conditions in this document, and/or our policies page. We shall have no responsibility to notify any third-party providers of services, merchandise or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that we have the right to monitor the service electronically from time to time and to disclose any information that is necessary to satisfy the law, or to protect ourselves or our customers. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole opinion, are unacceptable, undesirable, or in violation of this agreement or our policies.

You have the right to terminate your relationship with RCYSY at any time for any reason. Refunds for unused portions of your service, if applicable, will be issued as provided for in section 7 of this document.

7. Refunds and 14-Day Money Back Guarantee

Domain Name Registrations and Renewals
Domain Name registration and renewal fees are not refundable under any circumstances including, but not limited to, the misspelling of the domain name by the customer. If, as part of your hosting service, we registered or renewed a domain name on your behalf, you will be assessed a domain name registration fee equal to the current "Domain Name Registration Fee" for that type of TLD in affect at RCYSY. This charge will be deducted from any amount refunded.

Web Hosting Service
RCYSY provides a 14-day Money Back Guarantee on Domain Hosting service fees only. Any and all fines or additional fees that you incur while using our service including, but not limited to, Spamming Fines, Suspension, Setup, Traffic Overage Charges, Abuse Fines, and Add-ons are not refundable and are not cancelable in any way. If you have not paid all of your Fines and/or Additional Charges, you agree that RCYSY has the right to charge you for payment of such Fines and/or Charges, and you grant authorization for RCYSY to make such charges. If RCYSY is unable to charge your Credit Card, then you will leave with a Balance Due. A Balance Due means that you will not be given access to files stored on our servers, and if you ever return to host with us you must pay the Balance Due before you can host with us again. Refunds resulting from our decision to terminate your service (as per section 6 of this document) will be issued, or not, at our sole discretion.

To cancel your account, you must use the support ticket system in the billing/support control panel.

8. Payments and other fees
You agree to have payment received by RCYSY Web Services for all hosting and service fees on, or before, their due date. If payment is not received on time your account is considered delinquent. For accounts paying late, if payment is not received within five (05) days of the due date, your account may be charged a $5.00 late fee. Any delinquent account may be suspended at any time at the sole discretion of RCYSY. If your account is suspended, your site will not display and your email will not work.
Accounts delinquent for more than 30 days are subject to deletion. When an account is deleted, all files and Emails will be deleted from our servers and cannot be recovered. If the account is deleted, it will be the same as if the account never existed, and the customer will have to open a new account subject to all applicable hosting fees and Balance Due charges as described in section 7 entitled "Refunds and 14-Day Money Back Guarantee".

Fines and Service Payments
Any and all fines or additional fees that you incur while using our service including, but not limited to, Spamming Fines, Suspension Charges, Late Fees, Traffic/Storage Overage Charges, Abuse Fines, and Add-ons are due immediately. You agree that RCYSY has the right to charge you for payment of such Fines and/or Charges, and your grant authorization for RCYSY to make such charges.
Mail List Users - Additional TOS (Click HERE!)

Anniversary Date
The Anniversary Date for hosting plans will be the same day of the month in which the anniversary occurs.

Automatic Renewal Of Credit Card Payments
You understand and agree that RCYSY may implement automatic renewals on all recurring fees paid by PayPal. Recurring fees include, but are not limited to, Monthly, Quarterly, and Annual Hosting fees and/or domain name renewals, and you grant authorization for RCYSY to make such charges.

Check Payments
Services will not be delivered or performed until the check clears the customer's bank. There is a $35 charge for returned checks.

9. Indemnification
You agree to indemnify, defend, and hold harmless RCYSY from any and all liabilities, penalties, losses, damages, costs, expenses, attorney's fees, causes of action or claims caused by or resulting directly or indirectly from your use of the service which damaged either you, RCYSY,  or any other parties or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection, site content, site data, email, files, and any other web site content of any kind.

10. Warranties
Aside from said uptime guarantee, RCYSY makes no warranties or representations of any kind for the services being offered. The service is provided on as "as is" and "as available" basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title, non infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by RCYSY or its agents or employees shall create a warranty. RCYSY provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall RCYSY be liable for any direct, indirect, special, punitive or consequential damages that result in any way from your use of or inability to use the service, or for third parties use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties reliance on or use of information, services, or merchandise provided on or through the service, or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with RCYSY service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.

99% Uptime Guarantee: RCYSY guarantees that its connection to the internet will stay up 99% of the time, usually more. If in any given month, the connection does not stay up for at least 99% of the time, RCYSY will upon client providing sufficient proof of the outage provide client with a one day credit for each outage of one hour or more, up to the entire month being free. Service outages not relating to the internet connection including but not limited to client local ISP outage, hackers, acts of god, war, server hardware failures, client computer outages, etc are not covered by this guarantee. In order to redeem the guarantee, use the support ticket system in the billing/support control panel with the exact dates and times of the outage, including proper traceroute information showing the domain is inaccessible due to our server being down. We are not responsible for other service providers not being able to connect to our server if our services are running properly.

11. Notice Under the Electronic Communications Privacy Act (ECPA)
RCYSY reserves the right to monitor any and all communications through or with our facilities. You agree that RCYSY is not considered a secure communications medium for the purposes of the ECPA, and that no expectation of privacy is afforded.

12. Prior Agreements
This agreement supersedes any written, electronic or oral communication you may have had with RCYSY or any agent or representative thereof, and constitutes the complete and total agreement between the parties.

13. Severability
If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent required to make it enforceable.

14. Jurisdiction
This agreement shall be governed by the laws of the United States of America, and the State of Illinois.

15. Acknowledgement
By ordering services, or by placing and continuing to maintain or place information on RCYSY servers, you are stating and acknowledging that you have read and understand the terms and conditions of this document and agree to be bound by them.