DISCLAIMER & TERMS OF SERVICE & PRIVACY
Provision of Service(s)
1. RAGE Software reserves the right to withdraw its provision of services at any time that it becomes aware of or is notified of the misuse, abuse or illegal use of said services contrary to any statutory regulation or law governing the relationship between RAGE Software and the Client under this Contract.
2. These Conditions together with any terms set out in the Agreement between RAGE Software and the Client constitute the entire agreement between the parties, supercede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms and conditions express or implied by statute or otherwise are excluded to the fullest extent permitted by law.
3. Canadian law shall apply to any Contract unless specifically stated otherwise, and the parties agree to submit to the exclusive jurisdiction of Canadian courts.
4. RAGE Software reserves the right to review and revise these Conditions from time to time without prior notice.
RAGE Software can not be held responsible for the correctness, completeness or quality of the information provided on our web site. Therefore, liability claims regarding any damages caused by the use of any information provided, including information which is incomplete or incorrect, will be discarded.
Referrals & Links
RAGE Software is not responsible for any content on pages which link to us or any pages which we link too. If any damages occur by using information on referred pages, only the author of the respective page may be held liable.
Submitting Ideas To RAGE Software
RAGE Software does not accept or consider unsolicited ideas. This includes ideas for new products, promotions, product names, new technologies, new advertising campains etc... Please do not send creative or original work/suggestions to RAGE Software. The reasoning behind this policy is to avoid misunderstandings or disputes with RAGE Software. If you do however submit any ideas to RAGE Software the following will apply;
You turn over all rights of your submission to RAGE Software with no compensation to you and allow RAGE Software to use your ideas in any way including giving them to others.
RAGE Software does however encourage users to submit feedback regarding any of our existing products. Please submit feature requests and bug reports using our Online Form.
100% Satisfaction Guarantee
RAGE Software offers a 100% Satisfaction Guarantee when purchasing our software (see our web hosting refund policy below). Although our guarantee is always applicable to our customers a refund can only be given within 60 days after the first date of purchase. Renewals, domain registrations, SSL, privacy protection, and dedicated IPs are not refundable.
All content including text, pictures, software and any other materials created by RAGE Software are reserved. You may not use any materials listed on our site without the written consent of RAGE Software.
RAGE Software - Software License Agreement
End User License Agreement
Please read the following End-User License Agreement ("EULA") carefully before using or purchasing software from http://www.ragesw.com. YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
THIS SOFTWARE PROGRAM AND ITS RELATED MATERIALS ("SOFTWARE PRODUCT" OR "SOFTWARE") IS A PROPRIETARY PRODUCT OF RAGE SOFTWARE AND IS PROTECTED BY COPYRIGHT LAWS. USE OF THIS SOFTWARE IS GOVERNED BY THIS LICENSE AGREEMENT AND APPLICABLE LAW INCLUDING COPYRIGHT LAW. ALL RIGHTS ARE RESERVED BY RAGE SOFTWARE. THE SOFTWARE PRODUCT IS LICENSED, NOT SOLD.
1. GRANT OF LICENSE. RAGE Software hereby grants to you a non-exclusive license to use the Software and and related documentation ("DOCUMENTATION") subject to the following terms:
(a) The SOFTWARE PRODUCT is used by a single user per license
(b) The software is not shared to other users who have not purchased a license for their use
Unless explicitly stated in writing, RAGE Software does not grant permission to distribute the SOFTWARE PRODUCT for profit in any form, including but not limited to, electronic information service distribution, bulletin board distribution, and magnetic or optical medium distribution. Non-profit distribution of the SOFTWARE PRODUCT is acceptable without prior written notice, providing that the SOFTWARE PRODUCT is not modified in any way, and the complete works of the SOFTWARE PRODUCT are included in the distribution package.
You may permanently transfer ownership of the SOFTWARE PRODUCT and accompanying materials by delivering the original SOFTWARE PRODUCT media and materials to a third party who accepts the terms and conditions of this Agreement, and by simultaneously destroying all copies of the SOFTWARE PRODUCT and accompanying materials in your possession. Such a transfer terminates your license to use the SOFTWARE PRODUCT.
All title and copyrights in and to the SOFTWARE PRODUCT and any copies thereof are owned by RAGE Software or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content.
RAGE SOFTWARE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE FITNESS OF OUR SOFTWARE FOR ANY PARTICULAR PURPOSE. RAGE SOFTWARE CLAIMS NO LIABILITY FOR DATA LOSS OR OTHER PROBLEMS CAUSED DIRECTLY OR INDIRECTLY BY THE SOFTWARE. THE USER IS ASSUMING THE ENTIRE RISK AS TO THE SOFTWARE S QUALITY AND ACCURACY.
IN NO EVENT SHALL RAGE SOFTWARE TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID FOR THE LICENSE.
RAGE Software is not responsible for any damage to the purchaser's computer system, website or data and in no event will RAGE Software, its officers, directors, employees or agents be responsible to the purchaser for any consequential, incidental, or indirect damages (including damages for loss of business profits, business interruption, loss of business information and the like) arising out of the use or inability to use the RAGE Software product, even if RAGE Software has been advised of the possibility of such damages.
RAGE Web Hosting Terms & Conditions
RAGE Web Hosting reserves the right to change this Policy any time, so please, check this page at least once a month or when in doubt. RAGE Web Hosting strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other RAGE Web Hosting customers and us against such harm.
Payment Policies, Fees, Refunds and Terms of Agreement -
Full payment is required before any hosting service commences, which includes renewals. Payment is due on or before your invoice due date. Billing will continue until you cancel your hosting account. You may cancel at anytime. We do not offer credits or refunds for hosting time already expended. Refunds are not provided beyond our 60 day money back guarantee.
If cancellation is by RAGE Web Hosting due to a violation of this agreement, there will be no refund. RAGE Web Hosting will only allow for the refund if cancellation is not the fault of the client, as determined by RAGE Web Hosting. RAGE Web Hosting reserves the right to change prices at any time. Original prepaid accounts and contract prices will always be honoured.
RAGE Web Hosting reserves the right to suspend an overdue account without notice. Furthermore, RAGE Web Hosting reserves the right to completely remove a web sites from its servers should non-payment exceed three (3) consecutive months. Should this happen, account information may be forwarded to our collections agency.
60 day money back guarantee -
We offer a 60 day money back guarantee on all new web hosting plans and EverWeb licenses. This allows users to try our services for 60 days at which time a refund may be requested. Please note that on plans that include a free domain name, a $20 charge will be held should a refund be requested within 60 days, as the client maintains ownership of the domain name for the remainder of the year.
Domains, SSL Certificates and Dedicated IPs are non-refundable. SSL Certificates and Dedicated IP's cannot be transferred, however domains can be transferred if needed.
Refunds are not provided for EverWeb Standalone or EverWeb + Hosting renewals.
Account Cancellation -
You may cancel your web hosting account at anytime. To cancel your account, please login to your client area and go to Services->My Services. Select the account you want to cancel and on the next page select 'Request Cancellation'.
Account cancellations must come from a contact currently attached to your RAGE Web Hosting account and must be sent at least 30 days prior to your next payment date. Please note that we cannot provide any refunds on any services or contracts for unused time. Domain registrations, renewals and transfers are non-refundable. SSL Certificates and Dedicated IPs are also non-refundable.
Indemnification Policy -
You agree to use all RAGE Web Hosting services and facilities at your own risk. RAGE Web Hosting specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall RAGE Web Hosting be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold RAGE Web Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against RAGE Web Hosting, 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 customer, it's agents, employees or assigns.
Customer agrees to defend, indemnify and hold harmless RAGE Web Hosting against liabilities arising out of:
Any injury to person or property caused by any products sold or otherwise distributed in connection with RAGE Web Hosting' server;
Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
Any defective products sold to customer from RAGE Web Hosting's server.
RAGE Web Hosting shall be the sole judge of what violates this Policy.
Server abuse policy -
If we determine that any site on our servers is using too much of the server's resources and therefore abusing the server, we have the right to suspend that domain without any notice. It is then up to you to contact us and formulate a plan to get that domain activated again. We are quick to suspend any domain that abuses the server's resources due to the shared nature of the server and the negative impact an abusing domain has on other domains on the same server.
No mass email marketing or free email businesses are allowed.
We do not allow mass email marketing sites on our servers. It doesn't matter if it's opt-in email marketing. We simply do not allow sites of that nature to be hosted on this shared environment. Sites such as "safe lists" and "free email" are also strictly prohibited. We reserve the right to shutdown such sites, that we consider harmful to the server's performance.
Rage Web Hosting does not permit files to live outside of the public_html directory. Files found outside of the public_html directory may be removed at the sole discretion of RAGE Web Hosting.
SPAM Policy -
RAGE Web Hosting is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the RAGE Web Hosting network, by customers or any other users of the RAGE Web Hosting network (including customers' customers); AND/OR over ANY networkN if the message sent advertises or mentions a site hosted on the RAGE Web Hosting server.
We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to an RAGE Web Hosting email address or web site URL is prohibited. The use of RAGE Web Hosting servers as a mail drop for responses to activities described above is also prohibited.
If your domain is involved in spamming activities, and your account is subsequently terminated, then you do not have the right for a refund. This also includes if you have paid for additional services, such as installations of software or IP addresses.
Resellers: If one of your customers is involved in spamming, then we will suspend their site and not your main WHM account.
Content Policy -
All services provided by RAGE Web Hosting 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 RAGE Web Hosting from any claims resulting from the use of the service which damages the subscriber or any other party.
Pornography is prohibited on all of RAGE Web Hosting servers. This includes sites that may infer sexual content, or links to adult content elsewhere. RAGE Web Hosting will be the sole arbiter in determining violations of this provision.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to RAGE Web Hosting servers or any other server on the internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
Hacker programs or archives.
File hosting websites.
Video hosting websites.
Image hosting websites.
Peer to peer sharing.
Any illegal activity, including adult content, links to adult content web sites, online gambling, spamming or hacking will result in your site being shut down and is subject to a fine.
RAGE Web Hosting will be the sole arbiter as to what constitutes a violation of this provision.
SSH Policy -
RAGE Web Hosting enforces a strict "No SSH" policy. Any domain that uses a script which can be used to elevate privileges or enable SSH services, will be instantly suspended.
CGI/PHP Scripts Policy -
Each account comes with its own cgi-bin. You are free to use any CGI/PHP scripts you wish, (as long as they are not on our banned script's list) however we reserve the right to disable any CGI script that affects normal server operation or service to other RAGE Web Hosting customers. You will be notified in 24 hours about an offending cgi script.
RAGE Web Hosting is not responsible for the scripts you install on your account. It is not our responsibility to ensure your scripts function. Please don't expect our support techs to troubleshoot aspects of your scripts or third party scripts that you use on your sites hosted on our servers.
RAGE Web Hosting provides technical support for the Server & Server related software. Any scripts included in the Control Panel are 3rd Party scripts and are not supported by RAGE Web Hosting, however you may ask for assistance from our members in our forums.
RAGE Web Hosting may automatically upgrade a script that has known vulnerabilities to ensure a stable environment on our shared platform. In addition, RAGE Web Hosting may remove scripts that have no data that may pose a security risk to the server. It is your responsibility to ensure an upgrade is applied promptly if a newer version is available.
Traffic Policy -
RAGE Web Hosting does not allow the following for personal and business hosting packages unless you request written consent to do so.
1. File sharing websites
2. Video or picture sharing websites whose sole purpose is to post video and pictures online to share with others
3. Using the server just to allow file downloads, or whose sole purpose is file downloads
RAGE Web Hosting allows for very generous traffic, and most sites never exceed 3000MB per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. RAGE Web Hosting' customers are discouraged from storing any files that cause excessive traffic on RAGE Web Hosting servers (such as illegal software/music). Please contact RAGE Web Hosting Technical Support team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits.
We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.
Any deliberate attempt to cause damage to RAGE Web Hosting or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.
Full backups are made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the client's responsibility to maintain local copies of their web content any information.
The "Backup Manager" is included in each hosting plan and client can use this tool to back up their files. If loss of data occurs due to an error of RAGE Web Hosting, we will attempt to recover the date at no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, RAGE Web Hosting will attempt to recover the data from the most recent archive for a nominal fee.
Support Policy -
It is the client's responsibility to have a good working knowledge of aspects of their site's operation. Please do not expect the RAGE Web Hosting support staff to teach you how to use aspects of the tools at your disposal. You can post questions like this in our forum and interact with other RAGE Web Hosting' members for help etc.
Uptime Guarantee -
RAGE Web Hosting guarantees that you're site will be up at least 99.5% of the time during a 1 (one) month period, however we are not responsible for downtime due to the following things: Acts of gods, abuse of server by another client, backbone/dns outages and cgi script overloads. If you would like to request a credit for downtime, you must send an email and include the time and day of the incident. We can only issue credits at this time.
Domain Registration -
RAGE Web Hosting can register domains on behalf of the user. Domains will be registered once payment is received and are non-refundable. You must abide by the terms linked at the bottom of this page entitled "Domain Name Terms".
RAGE Web Hosting will only contact you via email regarding domain name renewals. You may receive several notices from us as early as 90 days prior to renewal. Failure to respond to such renewal requests may result in the cancellation of your domain and are subject to $300USD renewal fee (ICANN Prices). RAGE Web Hosting are not responsible for the renewal of your domain if you fail to respond to our notifications or maintain a credit card on file. Domains are automatically renewed unless a cancellation ticket is submitted at least 30 days prior to renewal.
RAGE Web Hosting reserves the right to amend our Terms and Conditions at any time and without notice. It is a good idea to check back every few weeks to see any changes and additions.
RAGE Software respects the privacy of every individual who visits our website.
RAGE Software will not collect any personally-identifiable information about you (ie. your name, address, or email address) unless you provide it voluntarily.
RAGE Software will not give, trade, sell, or otherwise distribute the personal information that you provide us.
Information that we collect
When you visit everwebapp.com, we collect basic information that does not identify individual users. The information that we collect includes which pages are visited, the page that referred you to our site and some information about your browser and OS type.
We use industry standard, third party website analytics such as Google Analytics to better understand how our customers use our website and how they find us. This information is protected according to their policies and no personally identifiable information is collected automatically.
We do not collect personal information such as email, name, address, etc... unless you voluntarily submit it to us. When you purchase our software only the fields that you fill out are sent to us.
We collect your data when you contact our customer support team via phone, email or another communication channel. This will include your IP address and phone number or email depending on the method used to contact us. The purpose of collecting your data is to help you solve any issue you have with our services. The legal basis of collecting this data is fulfillment of our contractual or pre-contractual obligations to you.
Additionally, we may record phone calls. The purpose of phone call recording is quality control of our customer support services and personnel training as well as keeping a record of your requests to make sure we can better help you and for our mutual legal protection. The legal basis of call recordings are our legitimate interests in retaining you as a customer and providing you with first-class customer support services as well as maintaining a record of your requests to us to make sure we provide you with the services you want and need.
How we use information
The information that we collect helps us make our website better, get you your serial numbers or licenses for our products and send you reply emails to your questions and comments.
When you submit a question via our online form, your email address allows us to reply to you and answer your queries. We will never sell, or give your email address to any third party organizations.
When you purchase a domain name we send your information to ICANN, the domain authority, so that your domain can be registrered.
When you purchase a license to our software we use your address and credit card details to process your payment. We use third party merchant providers such as Stripe.com and PayPal.com to process your credit card information.
Payment history is stored in order to comply with Canadian Tax laws. Your actual payment information is not stored. If you explicitly sign up to auto renewals on your web hosting accounts you can elect to store a "reference" to your credit card details which cannot be used to make purchases outside of our website.
Security of your Data
We protect your data using industry standard data portection techniques including;
1. Secure 256 bit encrypted HTTPS Urls
2. Multiple password walls
3. One way encrypted, hashed passwords
4. Regular security audits
Access or Change your information
You can login to your client area at anytime to see all the details stored about you and update or remove any information. You have access to all information that we store 24/7 and you can modify, remove or add to it at any time.
You can also unsubscribe from any newsletters and instantly request cancellation of services at any time in your client area.
Public Forums, Chats etc...
RAGE Software may make public forums, chat rooms or newgroups available to its visitors. RAGE Software can not be held responsible for the content or information on these public forums. Any information that is disclosed will become available to the public and anyone who visits the RAGE Software website. Please use caution when posting personal information.
By using our disucssion form we do not automatically share any personal information to the public. Only information you enter in our forums are shared.
GDPR & EU Customers
Based on new rules set forth by the European Union, RAGE Software complies with these rules and the interestes of our customers. Here are your rights under EU law and how you can apply them with our services.
1. Right to be Forgotten: You may change any information about you, unsubscribe from any service and request deletion of your data all from within your client area. We will remove all data not required by Canadian Law for financial, legal or tax purposes immediately.
2. Right to rectification: As noted above you have the ability at any time to update, change or remove any and all data we store about you from your client area
3. Right to data portability. We will provide you with a machine-readable copy of your account data at any time.
4. Right to access: You always have access to all personal information we store about you in your client area.
5. Right to object: From your client area you can modify how we contact you, what information you want us to send you etc... Please keep in mind that for domains and web hosting we are required to send you notifications of renewals and expiries by law. To opt out of domain renewal notices or web hosting renewals you must cancel your account from your client area.
RAGE Software is dedicated to providing you with an easy and safe way to purchase our products. We also respect your privacy and will never release the information that we collect to third party organizations. For more information please contact us