1. IMPORTANT INFORMATION
You should carefully read the following terms and conditions. Your purchase or use of our products implies that
you have read and accepted these terms and conditions.
**We require payment in full for all web/graphic design services in advance of proceeding with services. You also agree that you will not remove link "Website Created by Rising Sun Web Solutions" from any page contained within completed website for life of website, as we and/or our affiliates retain rights to the works.
2. LICENSE
Our website grants you a nonexclusive limited license to use the web layouts and other products sold through
our web site by independend content providers (the "products") in accordance with these Terms and Conditions
(the "license") issued by our company.
a) LIMITED USAGE GRANTED
You are not authorized to use same site design on another website, belonging to either you or your client. You have
to request/purchase same layout once more in order to make another project with the same design
b) MODIFICATIONS
You are authorized to make any necessary modification(s) to our products to fit your purposes.
c) UNAUTHORIZED USE
You may not place any of our products, modified or unmodified, on a diskette, CD, website or any other medium
and offer them for redistribution or resale of any kind without prior written consent from our company.
d) ASSIGNABILITY
You may not sub-license, assign, or transfer this license to anyone else without prior written consent.
e) OWNERSHIP
You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products
are property of independent content providers.
Our products are provided "as is" without warranty of any kind,
either expressed or implied. In no event shall our juridical person be liable for any damages including, but not
limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of
or inability to use our products.
f) Materials/copyrights
We require all supportive materials such as images, text, videos, etc. be submitted upon delivery of signed contract to our staff. Please retain copy of all materials for your records. Any such materials submitted after contract delivery, can/will be subject to additional fees and/or hourly rate. You agree to sign a statement stating that you own copyrights to all material submitted to us prior to our staff proceeding. Submitting any false statements or materials other than your own, could subject you to copyright infringement laws.
3. OUR REFUND POLICY
Since our company is offering non-tangible irrevocable goods we do not issue refunds after the product is shipped,
which you are responsible for understanding upon purchasing any article at our site. Please make sure that
you've carefully read 'sources available' section. We only make exceptions with this rule when the product
appears to be not-as-described on a case by case basis in agreement of the parties concerned. The deadline
for any refund claim is one week (7 days) after the delivery date.
**All refunds will be prorated on our hourly rates and not our promotional prices.
4. ANTIFRAUD CHECK
Customer purchase can be suspended for manual antifraud check for 10-20 minutes as well as it can be
suspended for longer term (around 20 hours) for more serious investigation. Antifraud check occurs because
of growing number of fraud transactions from persons who are not actual cardholders of the credit cards used
during purchase.
5. DISCLAIMER
We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by us and our employees.
HOSTING:
1. ACCOUNT SETUP
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under.
2. CONTENT
All services provided by us may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene, pornography.
Examples of unacceptable material:
IRC Bots
Warez Sites
Pirated Software
Hate sites
Hack programs and archives
3. HOSTING TERMS & CONDITIONS
This Agreement (the "Agreement") between Rising Sun Web Solutions and you (the "Applicant") contains the following terms and conditions:
Policy and Service Guidelines
In the following terms, we are noted as Rising Sun Web Solutions as that is our business. Rising Sun Web Solutions operates several divisions under different operating names. These terms and conditions override any email, chat session, or contact of any kind with any Rising Sun Web Solutions personnel.
Content:
All services provided by Rising Sun Web Solutions may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Rising Sun Web Solutions from any claims resulting from the use of the service which damages the subscriber or any other party.
Pornography and sex-related merchandising and material is prohibited on all sites hosted by Rising Sun Web Solutions. This includes sites that may infer sexual content, or links to adult content elsewhere. If you host non-adult related content with us and then host adult related sites somewhere else, this is also prohibited and we can not allow someone to host on our server that would host pornography elsewhere. Rising Sun Web Solutions will be the sole arbiter in determining violations of this provision. If pornography is found on our server, the offending domain will be deleted immediately with no warning.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to Rising Sun Web Solutions servers or any other server on the internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
Pirated software
Hacker programs or
Rising Sun Web Solutions will be the sole arbiter as to what constitutes a violation of this provision.
Your site cannot promote demonic, occult, satanic, new age or anti-Christian values or beliefs; cannot promote pro-choice or pro-abortion views; cannot promote gay or lesbian lifestyle views; cannot promote a distorted view or faulty interpretation of the Holy Bible (we are not talking about disputes between KJV and NIV, we are talking of obvious misconstruing of God's Word) Not only can you not have offending material on your sites, but you cannot have links to any sites with offending material on them or material listed above. If links to any offending sites are found, we will ask you to remove them and if you do not comply, we will then have to remove your account from our server. The above listing is not complete by any means. Rising Sun Web Solutions decides what is offending to our family and we want everyone to abide by those rules. Rising Sun Web Solutions has the complete right to ask anyone to leave for any offending reason at our discretion.. At Rising Sun Web Solutions's discretion, access to Rising Sun Web Solutions's server (and your account) may be revoked at any time for abusive conduct on the system and/or the Internet and its resources as a whole.
4. ZERO TOLERANCE SPAM POLICY
E-mail
Spamming, or the sending of unsolicited e-mail or message board posts including, without limitation, commercial advertising and informational announcements, from our server(s) or using an e-mail address or domain that is maintained on any Rising Sun Web Solutions machine as reference in that spam is STRICTLY prohibited. Domains and sites are subject to being canceled immediately off of our server as well as fined no less than $500 US. A user shall not use another site's mail server to relay mail without the express permission of the site. Rising Sun Web Solutions will be the sole arbiter as to what constitutes a violation of these provisions.
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double optin" will be treated as spam. Any user who sends out spam will have their account terminated without notice.
We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. We also reserves the right to make any such modifications in an emergency at our sole discretion.
We reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of Rising Sun Web Solutions. All rights reserved.
5. PAYMENT INFORMATION
You agree to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided. You agree that until and unless you notify Rising Sun Web Solutions of your desire to cancel any or all services received, those services will be billed on a recurring basis.
We reserve the right to change the monthly payment amount and any other charges at anytime.
6. BACKUPS AND DATA LOSS
Your use of the service is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers.
8. RESOURCE USAGE
Users may not initiate the following:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc
9. BANDWIDTH USAGE
You are allocated a monthly bandwidth allowance. This allowance is set accordingly per website we host. Should your account pass the allocated amount we reserve the right to access your account to additional fees.
10. OUR REFUND POLICY
Since our company is offering non-tangible irrevocable goods we do not issue refunds,
which you are responsible for understanding upon purchasing hosting at our site. Please make sure that
you've carefully read 'sources available' section. We only make exceptions with this rule when the product
appears to be not-as-described on a case by case basis in agreement of the parties concerned. The deadline
for any refund claim is one week after the delivery date.
Since there are no contracts for hosting and based on month to month hosting billing, Rising Sun Web Solutions reserves the right to refund a prorated amount or no refund at all.
11. PRICE CHANGE
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on our site, and the right to increase the amount of resources given to plans at any time.
Our company reserves the right to change or modify these terms with no prior notice.
