Terms and Conditions
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Rucastle Media, acceptance is expressly limited to these terms. The materials contained in this website are protected by applicable copyright and trademark law.
Description of Service
Rucastle Media provides users with access to a collection of resources, including various tools, training materials, and educational content through its network of properties which may be accessed through any medium or device now known or hereafter developed (the “Service”). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Rucastle Media to provide the Service. You also understand and agree that the Service may include certain communications from Rucastle Media, such as service announcements, administrative messages, and newsletter(s), and that these communications are considered part of your membership. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Rucastle Media properties, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that Rucastle Media assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of New Zealand or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Rucastle Media has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Rucastle Media has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Member Account, Password, and Security
You will create a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Rucastle Media of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Rucastle Media cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.
Payment and Renewal Subscriptions
- General Terms
By selecting a product or service, you agree to pay Rucastle Media the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
- Automatic Renewal
Unless you notify Rucastle Media before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be cancelled at any time by reaching out to our support team.
- Fees; Payment
By signing up for a membership account you agree to pay Rucastle Media the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Additional charges may apply to services that need urgent care or require Rucastle Media to move retainer-based clients to alternative timeslots. Rucastle Media will inform the client of these additional charges before continuing with the given project. Rucastle Media reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be cancelled by you at any time by clicking the link on your Profile page or submitting written notice to Rucastle Media.
All subscriptions include access to support via the email support ticketing process. “Support” means the ability to make requests for technical support assistance via the forum at any time (with reasonable efforts by Rucastle Media to respond within 3-5 business days) concerning the use of the Rucastle Medias’ Services. All support will be provided in accordance with Rucastle Medias’ standard services practices, procedures and policies.
- Permission is granted to temporarily view the materials (information or software) on Rucastle Medias’ web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Rucastle Medias’ web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Rucastle Media at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on Rucastle Medias’ web site are provided “as is”. Rucastle Media makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Rucastle Media does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Rucastle Media or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Rucastle Medias’ Internet site, even if Rucastle Media or a Rucastle Media authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Revisions and Errata
The materials appearing on Rucastle Medias’ web site could include technical, typographical, or photographic errors. Rucastle Media does not warrant that any of the materials on its web site are accurate, complete, or current. Rucastle Media may make changes to the materials contained on its web site at any time without notice. Rucastle Media does not, however, make any commitment to update the materials.
Rucastle Media has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Rucastle Media of the site. Use of any such linked web site is at the user’s own risk.
All logos, product, and service names related to these TOS are trademarks of Rucastle Media. You agree not to display or use in any manner the Rucastle Media trademarks without prior written permission.
Any claim relating to Rucastle Medias’ web site shall be governed by the laws of New Zealand without regard to its conflict of law provisions.
RUCASTLE MEDIA’s hosting services are designed to serve the web hosting needs of small, independently owned and operated businesses in a single country. It is not appropriate to use our services to support large enterprises or internationally based businesses with a sustained demand that places
RUCASTLE MEDIA provides a shared web hosting service, which means that a number of customers web sites and other email or storage services are hosted from the same server. RUCASTLE MEDIA 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.
If you use your services consistently with the Terms of Service and these paragraphs, your site can grow as large as necessary to meet your small business needs, but to ensure a great experience for all, we will place some constraints on how fast you can grow. The vast majority of our
In most cases, if you use our services consistently with the Terms of Service and these paragraphs, visitors to your website will be able to download and view as much content from your site as they like. However, in certain circumstances, our server processing power, server memory, or abuse controls could limit downloads from your site. You can also upload as much as content as you like each month, subject only to the Terms of Service and the rules that control how fast your site can grow (see above).
You do not have to worry about hitting a storage limit if you use our services consistently with the Terms of Service and these paragraphs. RUCASTLE MEDIA will increase your space along with your appropriate small business needs, but our abuse controls may impact the rate of growth or your folder size, and there may be a short delay while we assess your usage. In some cases, creating additional folders or subfolders will help ensure that the system works well for everyone.
ACCEPTABLE USE POLICY & TERMS OF SERVICE
The following is the entire Acceptable User Policy (AUP) agreement between RUCASTLE MEDIA and the personal or corporate account holder (YOU/YOUR Customer). RUCASTLE MEDIA provides World Wide Web Hosting, Marketing, and Development. RUCASTLE MEDIA has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services. RUCASTLE MEDIA’s general policy is to act as a provider of Internet presence. RUCASTLE MEDIA reserves the rights to suspend or cancel a customers access to any or all services provided by RUCASTLE MEDIA when we decide that the account has been inappropriately used.
Any attempt to undermine or cause harm to a server or customer of RUCASTLE MEDIA is strictly prohibited. RUCASTLE MEDIA will strongly react to any use or attempted use of an Internet account or computer without the
IMPORTANT NOTE – RUCASTLE MEDIA 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 RUCASTLE MEDIA 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.
STORAGE SPACE ABUSE
RUCASTLE MEDIA 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 RUCASTLE MEDIA servers.
The intention of RUCASTLE MEDIA 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 hours to remedy the problem. Failure to do so will result in YOU being billed for the overages. If YOU do not qualify for the free service, traffic will go unmonitored until YOU reach the amount of quota allocated to YOUR specific PLAN. Thereafter, normal data transfer cost of $10.00/1GB/month will be billed to YOUR account. If YOU want to pre-pay for bandwidth overages, YOU will be billed $5.00/1GB/month.
UNSOLICITED EMAIL & SPAMMING
Unsolicited commercial advertisements (SPAM) are not allowed in e-mail, and will likely result in account
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
NOTE – If YOU use the services of another provider to promote a website hosted by or through RUCASTLE MEDIA (spamvertising), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
98% UPTIME GUARANTEE
(1.) COVERAGE – This 98% uptime guarantee applies to any Customer in good financial standing with RUCASTLE MEDIA at the time of a service outage.
(2.) SERVICE LEVEL AGREEMENT (SLA) & SPECIFICATIONS – RUCASTLE MEDIA endeavours to have the content of YOUR website available for
(3a.) SHARED HOSTING CREDITS – In the event that YOUR website is unavailable for less than 100%, RUCASTLE MEDIA will credit the following
Monthly Uptime Credit:
– 95% to 98% – YOUR account will be credited 10% of your monthly hosting fee
– 90% to 94.9% – YOUR account will be credited 20% of your monthly hosting fee
– 89.9% or below – YOUR account will be credited 50% of your monthly hosting fee
(3b.) MANAGE DEDICATED SERVERS – For managed dedicated server Customers, if the uptime is between 98.9% and 99.9% for any particular month, credit shall be retroactive and equivalent to the difference between the guaranteed level of availability of the Customers services during the month and the calculated actual level of availability of the Customers services, multiplied by the actual charges incurred by YOU for the services during that monthly period. In addition, for managed dedicated servers, YOU may be entitled to additional credits as calculated below measured 24-hours a day in a calendar month, with the maximum credit not to exceeding 25% of the monthly service charge for the affected month.
In order for YOU to receive a credit on YOUR account, YOU must request such credit within seven (7) days after YOU experienced the downtime. You must request credit by sending an email message to email@example.com. For security, the body of this message must contain YOUR account number, the dates and times of the unavailability of YOUR website, and such other customer identification requested by RUCASTLE MEDIA. Credits will usually be applied within sixty (60) days of YOUR credit request. Credit to YOUR account shall be YOUR sole and exclusive remedy in the event of an outage.
(4.) RESTRICTIONS – Credit shall not be provided to YOU in the event that you have any outage resulting from:
– scheduled maintenance as posted from time to time at RUCASTLE MEDIA,
– your behaviour or the performance or failure of your equipment, facilities or applications,
– circumstances beyond reasonable control of RUCASTLE MEDIA, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your website,
– YOU breaking any agreement policy in RUCASTLE MEDIA Terms & Conditions and AUP causing a machine to fail as a result.
TECHNICAL SUPPORT BOUNDARIES
RUCASTLE MEDIA provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues.
However, in under no circumstances is RUCASTLE MEDIA 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 EasyApps applications that are installed through the cPanel control panel interface are installed as directed.
Each shared web hosting account comes with its own CGI-BIN.
We do not allow YOU to install YOUR own chat rooms within a shared hosting account, without approving it with RUCASTLE MEDIA. 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,
SMTP MAIL SERVER ABUSE
We do not allow YOU to send outbound mail to more than 20 recipients at any one given time and/or more than 1,000 pieces of e-mail per day from a shared hosting account with a maximum file size of 20MB per email message. If YOU violate RUCASTLE MEDIA’s policies persistently in email activities, YOUR account will be suspended and deleted.
BACKGROUND RUNNING PROGRAMS
We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. (This section does not apply to managed dedicated servers).
We currently do not allow IRC or IRC bots to be operated on our servers. IRC servers are not permitted on our network.
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. RUCASTLE MEDIA reserves the right to change prices at any
RUCASTLE MEDIA will bill each client $50 per returned check, per wire transfer received and per credit card chargeback received. All RUCASTLE MEDIA accounts are setup on
CANCELATION OF SERVICE
RUCASTLE MEDIA reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by RUCASTLE MEDIA if we
PROMOTIONAL RATES & SPECIAL OFFERS
RUCASTLE MEDIA 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 RUCASTLE MEDIA services may be subject to protection under the New Zealand 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 RUCASTLE MEDIA 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 RUCASTLE MEDIA network. If YOU use a domain name in connection with RUCASTLE MEDIA or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party. NETWORK SECURITY Customers may not use the RUCASTLE MEDIA 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 authorised to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organisations security policy.
(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 libellous or otherwise illegal.
STATIC & DYNAMIC CONTENT CACHING
YOU expressly (i) grant to RUCASTLE MEDIA a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by RUCASTLE MEDIA under this Agreement and(ii) agree that such caching is not an infringement of any of YOUR intellectual property rights or any third
IP ADDRESS OWNERSHIP
RUCASTLE MEDIA shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by RUCASTLE MEDIA. RUCASTLE MEDIA reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
DOMAIN NAME REGISTRATION
RUCASTLE MEDIA reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from RUCASTLE MEDIA to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment Rucastle Media allowed by RUCASTLE MEDIA) in connection with the payments of the registration fee for YOUR domain name registration, YOU agree and acknowledge that the domain name registration shall be transferred to RUCASTLE MEDIA as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase.
RUCASTLE MEDIA will reinstate YOUR domain name registration solely at the discretion of RUCASTLE MEDIA, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee. Transfer domain registrar to RUCASTLE MEDIA, YOU agree to pay RUCASTLE MEDIA prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the RUCASTLE MEDIA price schedule for the initial transfer request of the domain name.
– No response from the Registered Name Holder or Administrative Contact
– Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer RUCASTLE MEDIA reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from RUCASTLE MEDIA to the email address indicated in YOUR registration application.
In the event of a chargeback by a credit card company (or similar action by another payment Rucastle Media allowed by RUCASTLE MEDIA) in connection with the payments of the registration fee for YOUR domain name registration, YOU
RUCASTLE MEDIA will reinstate YOUR domain name registration solely at RUCASTLE MEDIA discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee. Transfer domain registrar away from RUCASTLE MEDIA. RUCASTLE MEDIA reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:
– No response from the Registered Name Holder or Administrative Contact
– Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer YOU agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and RUCASTLE MEDIA will not be held liable for the failure of a domain name transfer for any reason.
RUCASTLE MEDIA reserves the right to refuse service to anyone.
Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in Auckland, New Zealand, and any dispute will be litigated or arbitrated in Auckland, New Zealand. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Auckland courts.
IN NO EVENT SHALL RUCASTLE MEDIA’S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) NEW ZEALAND DOLLARS.
YOU AGREE THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD RUCASTLE MEDIA HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEYS FEES ASSERTED AGAINST RUCASTLE MEDIA, 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 RUCASTLE MEDIA AGAINST LIABILITIES ARISING OUT OF:
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH RUCASTLE MEDIA 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 RUCASTLE MEDIA SERVERS.
RUCASTLE MEDIA WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. RUCASTLE MEDIA MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. RUCASTLE MEDIA DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES
RUCASTLE MEDIA follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.