Terms and Conditions
All users of our service will be bound by this agreement. This ROSCO Service Agreement (the "Agreement") governs the terms of the use by the Client of services offered by ROSCO (Rosco Solutions Limited) The Client agrees to receive access to the hosting services according to the following terms and conditions:
1. Selection of Services. The Client will select hosting services offered by ROSCO to create the services bundle for himself, and agree to receive services according to the services selected, and agrees to pay for the services provided below.
2.1. Payment for Services. The Client will pay for services provided under this Agreement by credit card authorisation provided to ROSCO. When initiating service, the Client will be charged for the published setup fee for the created services bundle as well as monthly charge. The Client's credit card will be charged for services used every month according to ROSCO's published schedule on the nearest business day as the first service was initiated. If this Agreement is terminated on some other day than the day of the monthly payment, the Client will be obligated to pay only for the pro rata portion of the monthly service plan for the month in which the service is terminated. ROSCO shall start the rendering services only when the Client pays the setup fee as well as the monthly charge.
2.2. On every payment operation the Client's credit card will be charged: a) for monthly payments; b) for exceeded resources, which were ordered in advance; c) if in the middle of the payment cycle the Client orders a new service, the first month he will be obligated to pay the payment of that service pro rata the days he used the service that month.
2.3. If payment is not made within ten days past the due date, ROSCO may discontinue rendering services.
2.4. ROSCO will promptly inform the Client by E-mail about the inability to charge his credit card.
2.5. If services were discontinued, ROSCO will send E-mal instructions to the client regarding resumption of service.
3.1. Terms and validity of the Agreement. This Agreement is valid until it is terminated. The ROSCO may terminate the Agreement at any time without any cause by giving the affected party 72 hours notice. The Client may terminate the Agreement at any time without any cause by giving Rosco 30 days Notice.
3.2. ROSCO can change the terms of the Agreement at any time after giving the Client thirty days notice by E-mail. If the Client does not accept the revised terms, he may terminate the agreement at any time. His continued usage of ROSCO services constitutes acceptance of the revised terms.
3.3. ROSCO can assign its rights and obligations to third parties ten days after giving the Client E-mail notification.
3.4. The Client has only the right to resell the services provided by ROSCO without passing the rights and obligations according this Agreement. The amenability before third parties according to the resale of the services belongs only to the Client. The Client MUST obtain written authority from ROSCObefore entering into any third party agreement of this nature.
4. Compliance with Law. The Client will use the services offered by ROSCO in a manner consistent with all applicable Client's local and state laws, federal laws and international law.
5. Prohibition of Certain Publications and Activities
5.1. Prohibition of Publication of Certain Material. The Client shall not knowingly or unknowingly submit to ROSCO for publication any material which would (including pictures, links, or any other content): a) violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other property right, false advertising, unfair competition, defamation, business or personal dispute or argument, invasion of privacy or rights of celebrity, violation of any anti discrimination law or regulation, or any other right of any person or entity, or any personal or business argument or dispute; b) contain any material that is: unlawful, harmful, fraudulent, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, disputatiously, argumentatively or otherwise objectionable, including, without limitation, any material that encourage conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, state, national or international law. Due to the public nature of the Internet, all material submitted by the Client for publication will be considered publicly accessible. ROSCO does not screen in advance Client's material submitted to ROSCO for publication. ROSCO's publication of the material submitted by the Client does not create any express or implied approval by ROSCO of such material, nor does it indicate that such material complies with the terms of this Agreement. 5.2.
Prohibition of Certain Activities. The Client shall not: a) send unsolicited commercial messages or communications in any form ("SPAM"); b) send or post harassing, abusive, libellous or obscene materials or assist in any similar activities related thereto; c) intentionally omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses; d) assist or permit any persons in engaging in any of the activities described above. If Customer becomes aware of any Prohibited Activities, Customer will use best efforts to remedy such Prohibited Activities immediately.
5.3. Complaint Process. ROSCO sometimes receives (at firstname.lastname@example.org) written complaints from third parties regarding Prohibited Activities allegedly being conducted by the Client. ROSCO will take the following actions to resolve each Complaint received by ROSCO: First Warning. Upon receipt of the initial complaint from a third party regarding Prohibited Activity by the Client, ROSCO will e-mail the "First Warning" to the Client so that the Client can identify and remedy the Prohibited Activity. Second Warning. Upon receipt of a second complaint related to the same or similar Prohibited Activity of the Client, ROSCO will e-mail the "Second Warning" to the Client and request that the Client responds with an explanation and timeline of the actions to be taken by the Client to remedy Prohibited Activity. In the event that the Client does not respond to ROSCO e-mail and remedy the Prohibited Activity within ten (10) business days, ROSCO will bill the Client £100 penalty in the following month Third Warning. Upon receipt of a third complaint after the date of the Second Warning related to the same or similar Prohibited Activity of the Client, ROSCO will e-mail the "Third Warning" to the Client and request again that the Prohibited Activity cease immediately. In the event that the Prohibited Activity does not cease within five (5) business days, ROSCO will remove Client's account and will only resume providing service when it receives adequate assurances that such activity will not continue. ROSCO will also bill the Client a £250 penalty.
5.4 Complaint Service Level - Please contact Rosco Solutions Limited using one of the contact methods below, outside of office hours please email us at email@example.com. We will to respond to all points of contact within 1 business day and aim to resolve any issues you have within 5 business days.
5.5 Abuse - If you wish to raise a complaint about abuse you have received (phishing scams, spam emails etc.), please contact us at firstname.lastname@example.org with as much detail about the abuse. We will investigate your complaint immediately and respond to you within the periods stipulated in 5.4 above.
5.6 Complaints concerning .UK domain names or those supported by NOMINET only - Here at Rosco solutions limited we like to think we get it right all the time, every time but the truth of it is everyone gets it wrong from time to time. We can only improve on our services with valid feedback from you, our customers.
If you wish to make a complaint about a service you have received, please submit an email to us at email@example.com including as much detail from the issue you have. We will acknowledge your complaint within 1 business day and aim to resolve any issues within 5 business days.
If you?re not happy with the initial outcome of your complaint and its regarding your .uk domain name, please feel free to escalate your issue to Nominet (the .uk registry) here: http://www.nominet.org.uk/disputes/complaining-about-registrar/complaints-procedure
5.7 Domain Name Renewals ;- All domains are renewed on an annual basis unless by individual agreement, Rosco will send out invoices 60 days prior to your domain name expiring. Rosco will send the invoice to the email address on the account, and it is the registrant?s responsibility to make sure their contact details are up to date. If you do not wish to renew a domain please make sure you contact us a minimum of 35 days before your domain expires by emailing firstname.lastname@example.org. Unless requests to the contrary are received, all domains are renewed automatically approximately 30 days before the domain name expires.
If you request that you no longer wish to have your domain name renewed by us, it will be left to expire and all services we provide regarding that domain name will be suspended. Your domain name will then go into a 30 day protected period, after 30 days your domain will be suspended by Nominet and it will go into a 60 day grace period. If you change your mind and still wanted to retain your domain name, you still can and at the original renewal price. This must be requested by email before the 80th day after your domain has expired, after 90 days your domain will be cancelled and deleted from the register and made available for resale through a third party registrar by Nominet. Rosco Solutions Limited will not guarantee the renewal of a domain name after this happens.
5.8 Domain Name Transfer
If you no longer wish to carry on with your contract with Rosco Solutions Limited, please email us no less than 30 days before your services are due to be renewed. Rosco Solutions Limited will not charge you for transferring a domain(s) away to another registrar?s tag. The customer acknowledges that, termination of the agreement for any reason will result in Rosco Solutions Limited ceasing to provide the applicable services, with the consequences that flow from such cessation, including (but not limited to), deletion of data .e.g. hosting account(s) and mail boxes.
6. DISCLAIMER OF WARRANTIES. ROSCO'S SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. ROSCO SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITEED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY SHALL ROSCO BE LIABLE TO THE CLIENT FOR ANY BUSINESS LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS/SERVICES, OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, OR INABILITY TO USE, ANY OF ROSCO'S'SERVICES, EVEN IF ROSCO HAS BEEN ADVISED BY CLIENT OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF ROSCO'S SERVICE TO CLIENT IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, ROSCO SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY CLIENT TO ROSCO FOR SERVICES, DURING THE PERIOD OF DISRUPTION OF MALFUNCTION.
7. Limitation/Disclaimer of Liability. ROSCO is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilise. ROSCO does not represent or warrant to the Client that Client will receive continual and uninterrupted service during the term of this Agreement. In no event shall ROSCO be liable to the Client for any damages resulting from or related to any failure or delay of ROSCO to provide service under this Agreement if such delays or failures are due to strikes, riots, fire, inclement weather, acts of God, theft or vandalism or other causes beyond ROSCO's control, as defined by standard practices in the industry. Such failure or delay shall not constitute a default under this Agreement.
8. Indemnity. The Client agrees to defend, indemnify and hold ROSCO harmless from and against any and all claims, losses, liabilities and expenses (including attorneys' fees) related to or arising out of the services provided by ROSCO to the Client under this Agreement, including without any limitation of the claims made by the third parties (including the customers of the Client) related to any false advertising claims, liability claims for products or services sold by the Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by the Client for publication by ROSCO, but excluding those related to the negligence of ROSCO.
9. Relationship of the Parties. The parties intend that an independent contractor relationship will be created by this contract, and that no partnership, joint venture or employee/employer relationship is intended.
10. Taxes. If any federal, state or local governmental entity with taxing authority over the services provided under this Agreement imposes a tax directly on the services provided by ROSCO to the Client under this Agreement (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), then ROSCO may pass the direct amount of such cost on to the Client, and He shall promptly pay such cost.
11. Waiver. Any party's failure to insist on compliance or enforcement of any provision of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement.
12. Attorneys' Fees. If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys' fees and costs incurred in the proceeding from the non prevailing party, as well as any reasonable attorneys' fees and costs that the prevailing party incurred prior to commencing the proceeding.
13. IP Addresses. ROSCO maintains control and any ownership of any and all IP numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
14. Money back guarantee. Each of ROSCO user accounts carries a 30-day unconditional money back guarantee. If you are not completely satisfied with our services within the first 30 days of your contract, you will be given a full refund of the contract amount, excluding any set-up fees, domain registration fees and overages. Set-up fees are refundable only if the account order is cancelled prior to activation. For Web hosting contracts the full contract amount less any set-up fees, domain registration fees and overages will be refunded if ROSCO is notified within the first 30 days following activation. No refund is available after the 30th day.
15. ROSCO may, with 30 days written notice by E-mail, amend the rates and or charges for any future server usage and/or services.