Modsiwmoce Limited (“ Modsiwmoce”), and you (“You,” “Your,”) agree to these terms which govern the Website of www.Rakselav.com (“Rakselav.com,” “Us,” “Our,” “Site,”) provider of hosting services.
These Terms And Conditions, Our Privacy Policy, and any other legal agreements found on Our Site form the basis of the services that We offer, and by opening an account (the “Account”) or by partaking in any of Our services, You (the “Customer,” the “User”) agree to be bound to the terms of each of these documents. The terms contained herein apply to every account registered on www.Rakselav.com.
2.1 While Rakselav.com takes every appropriate measure and reasonable safety precaution to supply Our service on a consistent basis, we are not responsible or liable for any service interruptions or instances of data loss that arise as a result of Customer errors and omissions, delays outside of our control, and/or any other circumstance that results in missed or non-deliveries of the Service. Moreover, We are not liable for any “force majeure” including, but not limited to the following:
2.2 By registering an account and abiding by the terms herein, You agree to absolve Rakselav.com of any liability for any damages arising as a result of business failure or as a result of a loss of any contracts, profits or savings. Rakselav.com is, likewise, not responsible for inaccurate, inappropriate, obscene or any other offensive content published and distributed over the internet that breaches laws imposed by the UK or any other applicable regulatory body.
2.3 When partaking in the Services that We offer, You are solely responsible for the payments of any of the fees levied by Your telecommunications provider.
2.4 As a result of efforts made either to improve Our Service or to conduct necessary maintenance, Rakselav.com and any other sub-contractors acting on Our behalf may need to occasionally shut down the network. While we make every reasonable effort to provide the customer with sufficient notice and to limit network impact to the periods specified therein, We cannot guarantee the duration of such interruptions, nor are We liable for any consequences that arise as a result.
2.5 You agree that the services that You subscribe to are Yours alone, and that You will not re-sell, transfer, or sub-divide any aspect of the Service to any third parties.
2.6 You agree that any personally identifiable information, including, but not limited to names, addresses, telephone numbers, email addresses, and IP addresses may need to be provided to the RIPE NCC. This is in order to ensure that Our agreements, Services, and interactions conform to overarching RIPE policies, and to ensure that the RIPE WHOIS database contains accurate, up-to-date data.
3.1 Our Services are provided for lawful, authorised use only. The use of Our Services to transmit, store or display any content or information that violates any part of Canadian law is strictly prohibited. Such restricted content includes, among others:
(a) Illegal Content. This includes the transmission of any works that do not belong to the Customer such as copyrighted materials or audio and visual files, misleading or misrepresentative content, and material that violates local regulations.
(b) Warez. This refers to any content pertaining to the illegal acquisition of content and materials. This includes, but is not limited to, software piracy, software emulators and ROMS, online account hacking, password cracking, key generating, phreaking, and the presentation of any content that instructs users on how to perform any of the above actions.
(c) HYIP websites. Any HYIP sites or sites that have content that relates in any way to HYIP materials are not permitted on Our servers.
(d) Proxies. Rakselav.com does not permit any of Our network connections to run through any remote proxies on any of Our servers. First-time violators will have their Accounts suspended, and any subsequent violations will result in the closure of the Account.
(e) IRC Hosting. This refers to User-hosted IRC servers that act as nodal connections to larger IRC networks. Any Accounts that violate these Terms will be terminated without prior notice to the User. Your Server will continue to be isolated from Our network until We have verified that all IRC traces have been completely removed. Subsequent violations will result in the deletion of Your Account.
(f) Defamatory content. This refers to any factually incorrect or misleading information presented on a website that presents a negative image of any individual, business, corporation, brand, group, government, nation or other entity.
(g) Bit Torrents. Making use of torrenting software and scripts on Our servers in order to seed or leech files is strictly prohibited.
3.2 While Rakselav.com reserves the right to remove content from Your website without giving prior notice to the User, You understand that we are not obligated to review, alter, or otherwise make changes to Your content. Similarly, while We do not routinely monitor messages or materials posted on the sites that We manage, We reserve the right to do so and to remove content at Our discretion.
3.3 Any Customer making use of Our Services for any or all of the Clauses detailed in this Agreement recognise that Their Account can be terminated or suspended indefinitely and without prior notice.
3.4 As part of these Terms, You agree to indemnify Rakselav.com completely against any and all losses, expenses, costs, and damages that are incurred either directly or indirectly by actions taken by Rakselav.com as a result Your breaches of any and all sections detailed in Clause 3.
3.5 You shall pay any and all costs, damages, legal and other assorted fees incurred against Rakselav.com as a result of breaches of Clause 3.
3.6 At Our discretion and when suitable, Rakselav.com may defend such claims with Your consent. In such event, You shall help Rakselav.com with any necessary assistance that We require from You.
4.1 The Customer understands that Rakselav.com does not act as a domain registrar, and therefore cannot provide any Nominet or NIC tags.
4.2 All of Our hosted domains are registered through third-party partner companies. While we do not provide anyone with the WHOIS information of Your domain, we reserve the right to submit them to the appropriate personnel should You commit any sort of illegal activity. Should You wish, We will be happy to assist You in displaying Your domain details in WHOIS look-up outputs.
5.1 No adult content is permitted on Our servers, regardless of the legality of such content. Further, Rakselav.com does not allow any pornographic or sexually explicit content depicting children or any illegally obtained images/video files to be hosted on any of Our servers.
6.1 In accordance with these Terms, and regardless of the hosting space allocated to Your Account, You agree that the maximum permissible size of any single MS SQL database is 500 MB. For Our Shared and Reseller hosting servers, mailboxes will likewise be limited to sizes of 500 MB.
7.1 Any actions or attempts made to damage Our servers are strictly prohibited. You understand and agree that Rakselav.com takes no responsibility-and is therefore not liable for-the actions of any Customer Accounts.
7.2 In the event that the Customer attempts to abuse any of Our resources in any way, Rakselav.com reserves the right to terminate Their Accounts without refund and without prior notice.
7.3 If Your site uses excessive CPU or server resources that disrupts the normal operation of other sites, We reserve the right to alter the terms of Your existing agreement in exchange for something that we deem more suitable. Tenants making use of Our shared servers are permitted to utilise up to 25% of the resources available on the physical server. Any Accounts that consistently exceed this threshold will be suspended.
7.4 Denial of service (DoS) and distributed denial of service (DDoS) attacks launched against Our servers are strictly prohibited. We will thoroughly investigate any infractions of this clause, and the results of these inquiries could result in immediate Account termination.
7.5 Should a feature, application or piece of software negatively impact the performance of Our shared servers, we reserve the right to delete it and any other offenders.
7.6 We reserve the full right to terminate Your Account without refund should You behave disrespectfully in any of Your interactions with any member of Our staff.
8.1 All of Our plans place a limit on the bandwidth available to Your Account. Should Yours exceed this limit, we will inform You. If You do not upgrade Your plan or purchase additional bandwidth as necessary, We will suspend Your Account until You either decide to upgrade or have taken the necessary measures to ensure that You stop exceeding Our bandwidth limits. Your Account will be reactivated one month following the earlier of these two measures.
9.1 You agree that the delivery of any unsolicited emails from Our servers/the use of email addresses that We manage is strictly prohibited. In the investigation of such cases, Rakselav.com acts as the sole arbiter in determining whether this clause has been breached, and the results of Our findings could result in the immediate termination of Your Account without refund.
9.2 You agree to the limits that we impose on the number of hourly outgoing emails on each of Our servers. These limits are as follows:
These limits are imposed with the intention of eliminating the possibility of Customers using Our servers for the purposes of email spamming. These limits apply regardless of the size of Your mailing lists.
10.1 As an affiliate, You are not eligible to earn a commission either on the purchase of Your own Account or on purchases made through Your billing account. Moreover, affiliates are not permitted to refer themselves in the sign up-process. This means that commission cannot be earned when You follow Your own referral link to register for a new Account.
11.1 You acknowledge, understand, and agree that You are solely responsible for backing up the files stored in any of Our servers. While Rakselav.com makes reasonable efforts to safeguard and backup Your data, We cannot guarantee the reliability, regularity and/or accuracy of these services.
11.2 When creating backups, Rakselav.com excludes any and all media files, regardless of format. You agree and understand that the preservation of such materials is solely Your responsibility.
12.1 We generate all of the invoices for Our clients one (“1”) week/seven (“7”) days prior to the official date in which payment is due. Your Account will be suspended one (“1”) day following missed payments. If, two (“2”) days following suspension, there is still no reasonable payment attempt made, Rakselav.com reserves the right to terminate Your Account and format any and all data held on the server. In total, Customers have three (“3”) days to settle due invoices prior to the termination of Their Accounts.
13.1 The safety and security of Your Account is entirely Your responsibility. You must therefore take any and all necessary measures in order to ensure that others cannot gain unauthorised access to it. In compliance with these Terms, Customers also understand that they must not use Their Account to compromise Our servers, network or other User Accounts.
13.2 In order to ensure private access to Your Account, You must ensure that You take the necessary precautions to keep Your password secure.
13.3 It is prohibited to share Account access or passwords with any unauthorised users. Should this occur to Your Account, You will be held responsible for any consequences that arise as a result of these actions.
13.4 We prohibit any attempts made to obtain the password of any Accounts other than Your own. Attempting to do so will result in Account termination.
13.5 You agree to put the appropriate security measures in place to prevent the unauthorised use of Your Account.
13.6 Attempting to bypass user authentication or the other security measures that are in place is strictly prohibited. Efforts to do so include, but are not limited to, the following examples:
We do not allow for the use of any tools explicitly designed to compromise online security. Examples of this include, but are not limited to, password cracking tools or key generators.
13.7 You are not permitted to interfere with the networks of other users. Network “flooding,” DDoS attacks, and other such attacks are prohibited.
13.8 Customers agree and understand that They may be held civilly or criminally liable in the event that They violate the security of any system or network. In such cases, Rakselav.com will cooperate with any investigations made into the security breaches of other websites, including those of a criminal nature.
13.9 Complete diagnostics tests for any computer viruses or malware are to be carried out by You prior to each of Your uses with Our Services.
14.1 Customers acknowledge and understand that they are expected to develop a familiarity with the features of the control panels that We provide with Our servers. Due to the fact that we restrict Our staff from Customer control panels, Rakselav.com will not be able to assist You in the setup, maintenance, installation or administration of Your Accounts, domains, and applications. We offer a comprehensive knowledgebase in which Customers can learn about the various features and functions available to them. Should functions perform incorrectly or there are problems that need to be rectified on Our end, Our support team is available to assist You. Customers are expected to manage basic tasks and resolve common issues with their control panels.
14.2 It is Your responsibility to upload Your website to Our servers by using an available file manager or FTP application. Databases can be uploaded through PHPMyAdmin, and any additional add-ons such as mailboxes, email accounts, or additional domains must be set up by You.
15.1 At Our discretion and without prior notice, Rakselav.com reserves the right to modify the Terms contained herein. Customers are responsible for adhering to the latest version of these Terms, and are therefore encouraged to confer with this document on a regular basis.
16.1 Upon the termination or expiration of Your Accounts, You agree to pay all outstanding sums for the services rendered by Rakselav.com within fourteen (“14”) working days.
17.1 Rakselav.com is not liable for any of the following:
17.2 There is no circumstance in which Rakselav.com can be held liable for consequential damages of any nature, including loss of income, data, use or information either in contract or in tort, even as a result of negligence.
17.3 Nothing in this clause excludes liability with respect to the following:
17.4 Subject to Clause 17.3, Our liability to You will be limited to the yearly fees that You have paid to Us in the year in which the liability first arose. Rakselav.com accepts no liability unless You provide documented evidence of loss that we deem satisfactory.
17.5 Rakselav.com will not be held liable for any material posted online by third-parties through Our servers and Services. We are absolved from all responsibility pertaining to the goods and services sold or otherwise accessible on the internet through Our Services. Likewise, We exclude all liability of any of Our Customer’s website content, equipment failures, and of the acts of other service providers, such as domain name registrars.
17.6 In the event that circumstances occur that are beyond Our control, Rakselav.com cannot be held liable for any interruptions that result in a failure to effectively carry out Our Service obligations. Such interruptions can include, but are not limited to, the following:
18.1 In compliance with these Terms, You agree to defend and release Rakselav.com from any liabilities, losses, and costs, including any legal fees asserted against Us or any party operating on Our behalf that are the result of any acts or omissions You or Your representatives make in connection with the Use of Our Services.
19.1 The Terms contained herein are to be governed, construed, and interpreted according to the laws of Canada. Further, it is the Canadian courts that maintain exclusive jurisdiction over the acts of participating parties.
19.2 In the event that court proceedings deem any of these Terms illegal or unfair, both the Customer and Rakselav.com agree to continue to abide by these Terms with the exclusion of the offending Clause(s).
20.1 We reserve the right to alter the lengths and terms of any of Our promotions at any time.
20.2 The Customer has the right to direct Their Account payments towards balances/invoices for any of the Services used by Their Account.
Prior to the purchase of any of Our hosting plans, it is Your responsibility to familiarise yourself with Our refund policy.
21.1 Upon the cancellation of Their Service, The Customer is entitled to a refund from Rakselav.com for any/all months in which the Service has been paid for, but will go entirely unused. We will not issue any refunds for months in which the Service has already been partially rendered.
22.2 In the event that an Account has been terminated due to a violation of the Terms contained herein, the Customer will not be eligible for a refund. There will be no refunds issued for any of Our dedicated server plans.
23.3 Rakselav.com retains the full right to alter the pricing of any of Our plans at Our discretion. However, We will notify the Customer prior to these changes taking effect.
24.4 Due to a variety of technical issues impacting emails and mail servers, it is possible that You may not receive emails from Rakselav.com notifying You of product delivery. In such cases of non-delivery, it is recommended that You contact Our support team for assistance at Your earliest convenience, as any non-delivery claim must be submitted in writing to Rakselav.com within fourteen (“14”) days of placing an order. If we do not receive a non-delivery notice within that timeframe, We consider that the product has been successfully received and downloaded.
The customer data We collect and how We use it:
In order to successfully provide Our Service to customers, Rakselav.com requires the following pieces of information each time an order is placed through Our Website—Your name, email address, and credit card information should You select that method of payment. These details enable Us to effectively process and successfully deliver orders, as well as provide Us with the information needed in order to maintain Your Account.
Protection of Customer information:
All of the servers responsible for the storage and processing of Customer data make use of SSL encryption. Each piece of sensitive data collected is protected by several layers of both encryption and security to prevent theft. All payments made by credit card are processed through secure, authorised gateways.
What are cookies, and how do We use them?
“Cookies” are data packets that are generated by the websites that You visit, and stored by Your internet browser of choice. These cookies enable Customers to experiences the full range of features of Our Website, such as being able to place orders and login to their Accounts. While You can choose to disable the collection of cookies directly from Your browser, use of Our Website requires that they are enabled, and Your continued use of Our Website implies ongoing consent with the collection and use of the information generated by these cookies. None of the information contained within these cookies can personally identify You.
23.1 All of Our payment options provide Customers with safe, secure ways to make purchases through Our Website. In order to ensure the safety of personal details, We process all credit card payments through SSL software that delivers 128-bit encryption. Rakselav.com never stores details about any of Your payment methods.