Terms of Service

Last Modified—November 5th 2013
All users of Rogue Web Development's services, and all customers upon signing up for Rogue Web Development's services, agree to comply with Rogue Web Development's Terms of Use ("TOU"). The spirit of the TOU is to ensure customers are using Rogue Web Development's services with due regard to the rights of other Internet users and in conformity with the requirements of Rogue Web Development's network environment. The TOU are not exhaustive and Rogue Web Development reserves the right to add, delete, or modify any provision of its TOU at any time without notice, effective upon either the posting of the modified TOU to www.websitehosting.net or notification of the modified TOU. Any complaints about a customer's violation of the TOU should be sent to abuse@roguewd.com. Except when expressly agreed to the contrary in writing by an authorized representative of Rogue Web Development, this TOU supersedes any other agreement with Rogue Web Development, whether written, oral, by conduct, or otherwise.

A. Rogue Web Development Web Hosting & Ecommerce Customer Restrictions
B. Rogue Web Development Dedicated Server Customer Restrictions
C. Rogue Web Development Reseller Customer Restrictions
D. Rogue Web Development Web Design & Application Development Terms and Conditions
E. All Rogue Web Development Customer Terms of Use
F. All Rogue Web Development Customer Billing Policy
G. Copyright Violations

A. Rogue Web Development Web Hosting & Ecommerce Customer Restrictions
The following Terms of Use apply only to Rogue Web Development's Web Hosting and Ecommerce customers, and supplement the terms in sections E and F that apply to all Rogue Web Development customers:

Server Resources

Any Web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. Rogue Web Development will be the sole arbiter of what is considered to be a high server usage level. All Web Hosting and Ecommerce accounts come with a limit of 5,000 files per account. Each block of 5,000 files after the initial 5,000 will incur an additional charge of US$9.95/month. Any Web Hosting and Ecommerce account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
CGI Scripts
Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. Rogue Web Development does not permit CGI script sharing with domains not hosted by Rogue Web Development or any scripts that may be abused for UCE purposes.

Chat Rooms
Rogue Web Development does not allow Web Hosting and Ecommerce customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option.

Background Running Programs and Cron Jobs
Rogue Web Development may allow programs to run in the background. These programs will be considered on an individual basis and Web Hosting and Ecommerce customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact Rogue Web Development at support@roguewd.com so that we can arrange set-up.

 

 
 
 
 
 
 
 
 
IRC
Rogue Web Development does not allow IRC or IRC bots to be operated by Web Hosting and Ecommerce customers.
Software Distribution
Rogue Web Development's Web Hosting and Ecommerce accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact sales@roguewd.com to make special arrangements.
Multimedia Files
Multimedia files are defined as any graphics, audio, and video files. Rogue Web Development Web Hosting and Ecommerce accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any Web site whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files


B. Rogue Web Development Dedicated Server Customer Restrictions

The following Terms of Use apply only to Rogue Web Development's Dedicated Server customers, and supplement the terms in sections E and F that apply to all Rogue Web Development customers:

Customer Security Responsibilities
The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer's server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer's server and any other requirement affected by the security breach.
IRC
Rogue Web Development allows Dedicated Server customers the use of IRC inside the Rogue Web Development network as long as the use of IRC on a Rogue Web Development server does not violate any of the other terms of these TOU. As a policy, Rogue Web Development will not provide vanity IRC reverse DNS records.
Billing for Network Resources
The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer's server to the Internet. The customer may request that the customer's server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.


C. Rogue Web Development Reseller Customer Restrictions

The following Terms of Use apply only to Rogue Web Development's Reseller customers, and supplement the terms in sections E and F that apply to all Rogue Web Development customers:

Reseller Responsibilties

Resellers are responsible for:
Assuring that their customers comply with all of Rogue Web Development's Terms of use.
Billing and collections for their customers.
Support for their customers.


D. Rogue Web Development Web Design & Application Development Terms and Conditions

The following Terms of Use apply only to Rogue Web Development's Web Design & Application customers:

These Terms and Conditions shall apply to the agreement between “Rogue Web Development“ and the “Client” applying for the provision of services by Rogue Web Development

These Terms and Conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings, or proposals, written or oral; between us in relations to such matters. No oral explanation or oral information given by any party shall alter the interpretations of these Terms and Conditions.

In agreeing to these Terms and Conditions, you have not relied on any representation other than those expressly stated in these Terms and Conditions, and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.

Definitions
In this Agreement, the following expressions shall mean:
“Rogue Web Development” - Rogue Web Development, its employees, consultants, or agents.

“Client” – Any Individual, Business, Partnership, company, or charity obtaining or proposing to obtain goods or services from Rogue Web Development.

“Intellectual Property Rights” – copyrights, patents, registered, and unregistered design rights, topography rights, trademarks, and services marks and applications for any of the foregoing, together with all trade secrets, know-how, rights to confidence, and other intellectual and industrial property rights in all parts of the world.

“Inappropriate Material” – material that under the laws of any jurisdiction where the material can be accessed is or may be any of the following; abusive, defamatory, harmful, libelous, malicious, obscene, pornographic, profane, threatening, unlawful, infringes any Intellectual Property Rights, constitutes or encourages a criminal offence or contains a virus, worm, Trojan horse, or other harmful code.

“Services” – the services identified to be provided by Rogue Web Development to the Client on any letter of confirmation, quotation or other correspondence from Rogue Web Development to the Client.

Approval; Quality Assurance
Rogue Web Development will provide Client with an actual-size design concept image of Clients web page for approval of the site concept, including but not limited to site size, color, logo size, logo placement, navigation (menu button) names, navigation placement, and navigation order of placement. Client has been advised and understands that unless stated elsewhere, in writing; all web site pages will be created in the exact same design concept as provided in the design concept image. Web page, text sizes, and colors are affected by individual user’s browser, resolution, and monitor settings. Unless specified elsewhere, the Clients website is not specifically formatted for printing from a user’s browser. Navigation Indicators (persistent navigation) are not included unless elsewhere stated.

Rogue Web Development will provide three (3) revisions of the design concept image at no charge. Any additional revisions of the design concept image are outside of the scope of this Design Agreement and are billed at our normal hourly rate.

Once the Client has approved the design concept image, web development will begin and any changes to design concept after that point will be billed at our normal hourly rate.

Once development is complete, Rogue Web Development will invoice the Client for any remaining balance. The Client then has a period of up to 7 business days to carefully review the site, test all features, explore all links and advise Rogue Web Development of any needed corrections that the Client requires and approve our work. Rogue Web Development will carry out, free of charge, minor modifications as suggested by the Client, subject to the condition that the changes suggested by the Client are not unreasonable and do not involve substantial deviation from the original Agreement between Rogue Web Development and the Client.
Unless notified otherwise during the 7 day period, Rogue Web Development will consider the project approved and complete. Any additional services requested at any time will be billed at our normal hourly rate.

In case the Client has not secured web space on a web hosting service by the time the web pages are completed, the web pages may be delivered to the Client on CD or attached to an e-mail message.

Rogue Web Development checks the site for quality assurance in the most current versions of the following popular browsers; Internet Explorer, Netscape Navigator, and Firefox for PC. Note that newer design technology may not be supported by all and/or older browsers.
Payment Terms
A deposit of 50% is due upon signing this contract, balance is due upon completion.

Payments should be made payable to:
Rogue Web Development
448 Laurel St
Central Point, OR 97502

All payments will be made in US funds. All Payments should be made by cash, check, or money order. Amounts not paid within 15 days of the date of invoice shall bear interest at the rate of 5% per month.

Client agrees to pay all costs of collection of amounts due hereunder, including reasonable attorneys' fees. At no time shall any associated work, logos, images, or programming code be released to Client until payment for those items have been made in full.

Client's Materials
Client is responsible for providing Rogue Web Development with all required materials to be used on Client's Web site. All such materials shall be provided in ASCII text and/or JPEG / GIF graphic form unless otherwise specified by Rogue Web Development. Image scanning and hand typing of Client supplied materials is additional and billed at our normal hourly rate.

Client is responsible for obtaining any and all clearances and permissions associated with use of such materials on the web page prior to providing same to Rogue Web Development. If copyright notices are required to be used in association with such materials, Client is responsible for identification of the materials subject to the restriction, and for providing Rogue Web Development with the necessary wording of the notices to be used with the material subject to restriction. Client acknowledges that the equipment which will be used by the public to view Client's Web site provides the capability for all who access such material to copy same for their own use and that Rogue Web Development has no means by which to control such copying, and shall not be responsible for any of Client's damages which may result.

Property Rights
Upon full payment by Client of the fees set forth herein: (i) ownership of all rights, including copyrights, to the web page graphics and text shall transfer to Client; (ii) ownership of all rights to any and all back-end programming and code utilized in the Web site shall remain the sole and exclusive property of Rogue Web Development; and (iii) Client shall be granted a perpetual, non-exclusive, non-transferable, royalty free, license to utilize such programming and code in its then current form solely in association with its web page, exclusive of any rights to modify, enhance, adapt, or reverse engineer same.

Where products or services supplied by Rogue Web Development to a Client are supplied to Rogue Web Development by third parties, the Client agrees to be bound by any Terms and Conditions of that supplier and any license agreements and fully indemnifies Rogue Web Development in every respect.

Cancellations / Work Stoppage
At anytime the Client or Rogue Web Development may at its sole discretion request a work stoppage and a refund or invoice to be issued for or less any amounts accumulated for work completed to date to be billed at Rogue Web Development hourly rate. An administration fee of 10% of contracted amount will be assessed for all work stoppage orders.
Indemnification
Under no circumstances shall Rogue Web Development be liable or penalized for any direct, indirect, incidental, consequential, or punitive damages resulting from Clients use of Rogue Web Development services including, but not limited to, failure to meet deadlines, loss of income, downtime, and malicious activity by users (Hackers). Client hereby agrees to indemnify, defend, and hold Rogue Web Development harmless against any and all claims, liabilities, or damages whatsoever arising from Rogue Web Development use of any materials provided by Client for use in Client's web page or from Clients or Third Parties use of Client’s Web Site.
Venue and Jurisdiction
The parties agree that any legal action or proceeding relating hereto shall be instituted in a state court located in Medford, Jackson County, Oregon. The parties agree to submit to the personal jurisdiction of, and agree that venue is proper in, these courts in any such proceeding.
Notice
Client agrees that Rogue Web Development may include Client on its Client list on Rogue Web Development Web site. Client also acknowledges that potential Clients of Rogue Web Development may be visiting Client's Web site for review purposes.
Warranty
All work performed hereunder by Rogue Web Development shall be performed in a good and workmanlike manner in accordance with industry standards and in compliance with the specifications set forth herein. Except as specifically set forth herein, Rogue Web Development disclaims all warranties, either express or implied, including warranties of merchantability and fitness for a particular purpose.  Client agrees that no warranties are made regarding workflow, timeline, deadlines, or any other time sensitive arrangements.

Rogue Web Development does not warrant that the functions contained in these web pages or the Internet website will meet the Client's requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with the Client. In no event will Rogue Web Development be liable to the Client or any third party for any damages, including any lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or website, even if Rogue Web Development has been advised of the possibility of such damages.
General Matters
This Agreement shall only be valid if executed by Client and returned to Rogue Web Development, with a check for the deposit in the amount set forth above, within 30 days of the date hereof. Except as specifically provided herein, this agreement constitutes the entire understanding between the parties concerning the subject matter hereof. Except as specifically set forth herein, this agreement cannot be amended without the written consent of both parties. No oral representations or agreements by or between the parties shall in any way affect this agreement. This agreement shall be governed and construed in accordance with the laws of the State of Oregon.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Headings
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.


E. All Rogue Web Development Customer Terms of Use

The following Terms of Use apply to ALL Rogue Web Development customers:

Rogue Web Development Services
Rogue Web Development's services include, but are not limited to:

  1. any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers' account (including all billing data and the space on the particular Web server that Rogue Web Development provides to customers);
  2. any use by customers, or any access provided to customers by Rogue Web Development, of computing, telecommunications, software, information, hardware, and equipment;
  3. any act, or provision of any service, by Rogue Web Development to customers, related to Web hosting and domain name registrations (including server usage and technical support), regardless of duration and whether paid for or not;
  4. any provision by Rogue Web Development to customers, of any space, Internet connectivity, or electrical power;
  5. any access or use related to the Rogue Web Development's Web site, including the Web site itself;
  6. any other service mentioned in the TOU;
  7. any other service provided by Rogue Web Development to customers, whether used or not;
  8. any other Rogue Web Development services that are used by customers, whether offered or provided by Rogue Web Development to customers.
Ownership of Web Site
The legal owner of customers' Web sites and accounts with Rogue Web Development will be the individual or organization whose name is listed in Rogue Web Development's database as the owner. Customers will fully cooperate with and abide by any and all of Rogue Web Development's security measures and procedures in the event of any dispute over ownership of customers' Web sites and accounts with Rogue Web Development.
Email Accounts
All email accounts (including, but not limited to POP email accounts) that have not been logged into for a period of 4 consecutive months or more shall be deemed abandoned and Rogue Web Development shall have the right to delete the email account (“Abandoned Mailbox”) and/or all emails residing in such Abandoned Mailbox (“Abandoned Emails”).

At least 2 weeks in advance, Rogue Web Development shall send to the master email account a notice that the Abandoned Mailbox and/or the Abandoned Emails shall be deleted if the user or customer does not log into the Abandoned Mailbox within 2 weeks.

Rogue Web Development has the right to delete all content stored in any of customer’s spam folders or email accounts for 30 days or more.
Illegal Use
Rogue Web Development servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing Rogue Web Development services, all Rogue Web Development customers certify that they and/or the organization they represent in procuring services from Rogue Web Development are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
Spamming
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Rogue Web Development's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a Rogue Web Development server, and selling or distributing software (on a Web site residing on a Rogue Web Development server) that facilitates spamming. Violators will be assessed a minimum fine of US$200 and will face immediate suspension. Rogue Web Development reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
System and Network Abuse
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Viruses and Other Destructive Activities
Use of Rogue Web Development's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Rogue Web Development's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
Copyright Violations

The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All Rogue Web Development customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a Rogue Web Development customer (per the DMCA) to Rogue Web Development must follow the below procedures. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at Rogue Web Development's sole discretion.

DMCA Copyright Infringement Notification Requirements:

  • Physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant").
  • Identification of the copyrighted work(s) claimed to have been infringed.
  • Identification of the material claimed to infringe the copyright(s), and enough information for Rogue Web Development to locate it including URLs and specific descriptions of the infringing material at each URL.
  • The Claimant's name, address, and telephone number(s).
  • A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
  • A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
  • Send the notification via mail, email, or fax to:

    Rogue Web Development
    DMCA Complaints
    448 Laurel St
    Central Point, OR 97502
  • Email: legal@roguewd.com
    Fax: 503-853-8106

The DMCA contains very specific guidelines as to what proper notification of claimed infringement must contain. Copyright owners may obtain a copy of the DMCA, including these guidelines, by visiting the web site of the U.S. Copyright Office at http://www.copyright.gov/title17/92chap5.html#512.

Rogue Web Development is not required to respond to notices that do not meet the requirements of the DMCA. Copyright owners should be aware that there are substantial penalties for false claims and that Rogue Web Development will actively refer complainants who use the DMCA for improper purposes to relevant law enforcement agencies.

In the event that Rogue Web Development must remove, or disable access to, material on your web site that is alleged to infringe another's copyright under the DMCA, you acknowledge and agree that Rogue Web Development may do so by disabling access to your entire web site.

DMCA Counter Notification Requirements:

  • Physical or electronic signature of the Customer (ie., allegedly infringing web site's owner) or a person authorized to act on the Customer's behalf.
  • Identification of the copyrighted work(s) claimed to have been infringed.
  • Identification of the material claimed to infringe the including URLs and specific descriptions of the infringing material at each URL.
  • The Customer's name, address, and telephone number(s).
  • A statement under penalty of perjury that the Customer has a good faith belief that the material was removed or disabled or is a result of a mistake or misidentification.
  • A statement that the Customer consents to the jurisdiction of Federal District Court for the judicial district in which the Customer's address is located, or if the Customer's address is outside the U.S., for any judicial district in which the service provider may be found, and that the Customer will accept service of process from the complainant (or agent thereof).
  • Email the counter notification to legal@roguewd.com.
Child Pornography
The use of Rogue Web Development's services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Rogue Web Development is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
Privacy
Rogue Web Development is concerned with the privacy of on-line communications and Web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Rogue Web Development urges its customers to assume that all of their on-line communications are insecure. Rogue Web Development cannot take any responsibility for the security of information transmitted over Rogue Web Development's facilities. Additional details on privacy and Rogue Web Development's use of customer information can be found in Rogue Web Development's Privacy Statement located here.
Customer Responsibility
Customers are required to use the Rogue Web Development network responsibly. This includes respecting the other customers of Rogue Web Development. Rogue Web Development reserves the right to suspend and/or cancel service with any customer who uses the Rogue Web Development network in such a way that adversely affects other Rogue Web Development customers. While Rogue Web Development may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Rogue Web Development does not monitor its customers' communications or activities to determine whether they are in compliance with the TOU. However, when Rogue Web Development becomes aware of any violation of the TOU or other user agreements, Rogue Web Development may take any action to stop or correct such violation, including, but not limited to, denying access to Rogue Web Development's services and equipment or to the Internet. In addition, Rogue Web Development may take action against a customer or a customer of such customer because of the activities of such customer. Rogue Web Development anticipates that customers who offer Internet services will cooperate with Rogue Web Development in any corrective or preventive action that Rogue Web Development deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Rogue Web Development policy and Rogue Web Development reserves the right to take any such action even though such action may affect other customers of the Rogue Web Development customer.
Actions Taken by Rogue Web Development
The failure by a customer to meet or follow any of the TOU is grounds for account deactivation. Rogue Web Development will be the sole arbiter as to what constitutes a violation of the TOU. Rogue Web Development reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When Rogue Web Development becomes aware of an alleged violation of its TOU, Rogue Web Development will initiate an investigation. During the investigation, Rogue Web Development may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Rogue Web Development may, at its sole discretion, restrict, suspend, or terminate a customer's Web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Rogue Web Development will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. Rogue Web Development does not issue credits for outages incurred through service disablement resulting from TOU violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Rogue Web Development.
Indemnification
Rogue Web Development customers agree to protect, defend, hold harmless, and indemnify Rogue Web Development, any third party entity related to Rogue Web Development (including, without limitation, third party vendors), and Rogue Web Development's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of Rogue Web Development's services.
Disclaimer
The Rogue Web Development service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Rogue Web Development expressly disclaims any representation or warranty that the Rogue Web Development service will be error-free, secure or uninterrupted. No oral advice or written information given by Rogue Web Development, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Rogue Web Development and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Termination for Bankruptcy or Insolvency
If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, Rogue Web Development may immediately terminate provision of Rogue Web Development's services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against Rogue Web Development in such event.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL Rogue Web Development (INCLUDING, WITHOUT LIMITATION, Rogue Web Development's EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING Rogue Web Development's SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR Rogue Web Development SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY Rogue Web Development SERVICES EVEN IF Rogue Web Development HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Rogue Web Development's TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR Rogue Web Development's SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY Rogue Web Development OR Rogue Web Development's REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
Modifications
Rogue Web Development may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Rogue Web Development's services. Certain changes to Rogue Web Development's services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and Rogue Web Development is not liable, for any and all such personalized applications and content, except as expressly agreed to by Rogue Web Development.
Backup of Data
Except where Rogue Web Development has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and Rogue Web Development is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with Rogue Web Development services.
Third Party Licenses
Rogue Web Development makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, Rogue Web Development makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, Rogue Web Development specifically disclaims all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold Rogue Web Development liable in any way for the revocation of any license, which has been licensed to Rogue Web Development. The use of the Technologies obtained from or through Rogue Web Development, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.
Non-Rogue Web Development Products
Any mention of non-Rogue Web Development products by Rogue Web Development, its employees, or any third party entity related to Rogue Web Development is for information purposes only and does not constitute an endorsement or recommendation by Rogue Web Development. Rogue Web Development disclaims any and all liabilities for any representation or warranty made by the vendors of such non-Rogue Web Development products or services.
Rogue Web Development's Intellectual Property
Customers will not, without Rogue Web Development's express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on Rogue Web Development's Web site, and customers will not use any of Rogue Web Development's trademarks, service marks, copyrighted materials, or other intellectual property without Rogue Web Development's express written consent. Customers will not, in any way, misrepresent their relationship with Rogue Web Development, attempt to pass themselves off as Rogue Web Development, or claim that customers are Rogue Web Development.
Assignment
Customers may not assign or delegate their rights or obligations under the TOU or other agreement for Rogue Web Development's services, either in whole or in part, without the prior written consent of Rogue Web Development.
Minimum Age Requirement
Rogue Web Development customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the TOU in order for the Minor to become a Rogue Web Development customer. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for Rogue Web Development services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains Rogue Web Development's express written consent to the contrary. Any acceptance of the TOU or any other agreement for Rogue Web Development's services will be deemed null and void to the extent that Rogue Web Development will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of Rogue Web Development's services.
Governing Law and Severability
The TOU, and any other agreement for Rogue Web Development services, will be governed by and construed in accordance with the laws of the State of Oregon, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Rogue Web Development will take place in Oregon, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other Rogue Web Development agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.
Force Majeure
Rogue Web Development will not be liable for delays in its performance of the TOU or Rogue Web Development services caused by circumstances beyond Rogue Web Development's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). Rogue Web Development will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.Waiver and AmendmentAny waiver, modification, or amendment of any provision of the TOU or other agreement for Rogue Web Development services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of Rogue Web Development.
Independent Contractors
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Rogue Web Development and its customers. Each of Rogue Web Development and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
Construction and Interpretation
Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.
Complete Agreement and Exclusivity
The TOU, and/or any other specific agreement for Rogue Web Development services, constitutes the complete understanding and agreement between Rogue Web Development and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Rogue Web Development, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for Rogue Web Development services is between Rogue Web Development and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Rogue Web Development.
Third Party Providers
You agree that certain services may be provided by third party providers of Rogue Web Development and that your use of such services may be subject to further agreements, policies, terms, and conditions in addition to those contained or referenced in this Agreement.
Proxy Services
For domain name registration services where a third party provider is named in your place (“Proxy Services”), you agree that if Rogue Web Development or the third party provider does not receive a response to a communication sent to you within 48 hours of such communication being sent, then the sender of such communication may, at its sole discretion, suspend or terminate the Proxy Services.  If Rogue Web Development provides the particular Proxy Services, then Rogue Web Development reserves the right to suspend or terminate any or all of the services provided to you entirely in such event.
Revocation
Rogue Web Development reserves the right to immediately suspend, terminate, transfer, or modify your domain name registration for reasons including (i) your breach of this Agreement, (ii) your use of the domain name registration services in a manner that is in contradiction of applicable laws or customarily acceptable usage policies of the Internet industry, including sending mass unsolicited commercial advertisements or otherwise spamming, making or sending threats, harassments or obscenities, (iii) your use of the domain name registration services in connection with unethical activity, (iv) Rogue Web Development’s receipt of an order from a court of competent jurisdiction or an arbitration award, or (iv) any other grounds that impose a legal risk to Rogue Web Development as determined at its sole reasonable discretion.  You agree that you shall not receive any refund whatsoever for any such suspension, termination, transfer, or modification to your domain name registration.


F. All Rogue Web Development Customer Billing Policy

The following Terms of Use constitute Rogue Web Development's Billing Policy and apply to ALL Rogue Web Development customers:

Payments
All charges are shown in US Dollars. Payments are to be made in US dollars. Rogue Web Development accepts the following types of payment:

  • Check or Money Order
  • Credit Card (VISA, MasterCard, American Express, Discover)
  • Bank WireTransfer
  • PayPal

All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. If you provide Rogue Web Development your credit card information, you authorize Rogue Web Development to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with Rogue Web Development's Billing Policy in the TOU. Charges subsequent to your initial order will accumulate in your account until such charges exceed $9.95. Rogue Web Development will then automatically charge your credit card on the next Account Statement Date. You are responsible for directly updating, or notifying Rogue Web Development, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status).

Customers not paying by credit card agree to make payment of their balance due within ten (10) days of the Account Statement Date.

Accounts that are thirty (30) days past due will be automatically suspended. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees.
Billing Cycles (Terms)
Rogue Web Development offers four Billing Cycles (terms) for hosting charges: Monthly, Quarterly (3 months), Semi-Annual (6 months), and Yearly (12 months). The Billing Cycle begins on the Plan Activation Date. Resellers are limited to the monthly Billing Cycle for all of their charges. Non-credit card payment methods are limited to Annual, Semi-Annual or Quarterly Billing Cycles.

You may elect to change your Billing Cycle at any time; however, the new Billing Cycle will only take effect at the time of the next plan renewal.

All additional features added to an account are charged monthly. Additional items are non-refundable.
Account Renewals
In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan's Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.

Important Notice
Domain name registrations and Web hosting accounts are handled by separate entities. In the event you need to cancel, you must specify whether you would like to cancel your domain name only, your Web hosting plan only, or both your domain and hosting accounts. The cancellation or expiration of your domain name does not automatically terminate your hosting account (or vice versa). Your hosting account billing term automatically renews upon its completion, unless you notify Rogue Web Development that you would like to cancel your account.
Statements
Rogue Web Development does not mail paper invoices or statements. Invoices can be viewed and printed through your Account Center. Customers may elect to receive their monthly account billing invoice via email. This option may be selected in your Account Center.
Fees
  • Returned (NSF) Checks
  • Rogue Web Development charges a $25.00 fee for returned (NSF) checks. Customers that issue an NSF check will be required to submit future payments with a certified check or money order.
  • Credit Card Chargebacks
  • A $25.00 chargeback fee will be assessed for each credit card chargeback received by Rogue Web Development.
  • Bank Wire Payments
  • Rogue Web Development chargees a $10.00 fee for accepting payment via bank wire. In addition, your issuing bank may also charge a fee for sending the wire. Please add these fees to the amount that you are sending to Rogue Web Development or the amount credited to your account will be less than your intended payment.
  • Reactivation
    Customers that wish to reactivate a closed account will be assessed a $19.95 reactivation fee. A $50.00 fee will be assessed if Rogue Web Development restores your data files to your reactivated account. We do not guarantee that we will have files for a closed account.
  • Hosting Plan Changes
    There is no upgrade fee for upgrading to a higher priced plan, however, you will be charged any difference between the setup fee applicable to your new and former plans.
  • Platform Change
  • Customers that elect to change plans to a different operating system platform will be charged a $19.95 platform change fee.
  • Account Splits and Mergers
    Rogue Web Development encourages customers to merge hosting plans contained in two or more accounts into one account. There is no fee for this service. Customers may also request that Rogue Web Development separate one or more plans contained under one account into separate accounts. The fee for this service is $19.95 for each new account created and is charged to the new account. Please direct all requests for these services to: billing@roguewd.com.
Cancellations

Hosting plans will automatically renew until a plan is cancelled. Please be aware that there are no pro-rated refunds after the first 30 days of service.

Cancellation requests must be received by Rogue Web Development a minimum of thirty (30) days prior to the end of your Billing Cycle for dedicated server plans and a minimum of Three (3) days prior to the end of your Billing Cycle for all other plans. Cancellations submitted later than this time may result in automatic renewal of your hosting plan.

Rogue Web Development does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to Rogue Web Development's services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. Rogue Web Development Corporation reserves the right to cancel any account, at any time, without notice, for any reason Rogue Web Development Corporation considers appropriate.

 

30-Day Money Back Guarantee
Each of Rogue Web Development's shared hosting plans carries a 30-day unconditional money back guarantee. If you are not completely satisfied with our services or support within the first 30 days, you will be given a full refund of the fees paid in advance (excluding setup fees) upon plan cancellation. The following services do not qualify for the 30 Day Money Back Guarantee: additional items and services; domain name registration; dedicated servers; items and services ordered through the reseller program; domain parking plus; and overage fees.
Refund Policy
Refunds are only available in accordance with the 30 Day Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after 30 days.
Credit Card Disputes/Chargebacks
Rogue Web Development has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at Rogue Web Development's discretion. A charge of $25.00 per chargeback will be assessed to all accounts that receive a chargeback.
Billing/Price Changes
Rogue Web Development's policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.