PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE OR SIGNING UP FOR ANY SERVICE THAT RAPID HOST OFFERS.
RapidHost., its affiliates and their successors and assigns (collectively referred to as “RapidHost”) makes available the web hosting and related services described in RapidHost’s published service descriptions subject to these Terms of Service (the “TOS”).For the purposes of the TOS, the word “you” means the individual requesting one or more services provided by RapidHost, and, if applicable, includes any other legal entity on behalf of which an individual makes such a request. Additionally, you agree not to make such a request on behalf of any other legal entity unless you have the authority to bind that legal entity to the TOS.
2. ACCEPTANCE OF TERMS
Capacity. You represent and warrant to RapidHost that you have the capacity to enter into a legal agreement in the province, state, territory or country in which you reside. If you do not have the capacity to enter into a legal agreement in the province, state, territory or country in which you reside, do not request services from RapidHost unless your parent or guardian enters into the TOS on your behalf.
PLEASE READ THE TOS CAREFULLY. BY CLICKING ON THE “I AGREE” BUTTON OR CHECK BOX ON THE ORDER FORM FOR ANY SERVICE PROVIDED BY RapidHost, YOU ARE AGREEING TO BE BOUND BY THE TOS AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THE TOS. YOUR USE OF THE SERVICES FURTHER CONFIRMS YOUR ACCEPTANCE OF THESE TOS.
You represent and warrant to RapidHost that your use of any service that it provides will not violate any applicable law or regulation in the province, state, territory or country in which you reside. If you are unable or unwilling to do so, do not request services from RapidHost.
Services. The services that you request from RapidHost by means of the online order form on the Site or otherwise in writing and which RapidHost agrees to provide subject to these TOS are the “Services”.
Your Information. You represent and warrant that any information you provide about yourself is true, and you will maintain and promptly update such information to keep it true and current.
Communications. RapidHost reserves the right to communicate with you regarding the Services and your use of the Site. You consent to RapidHost’s use of any contact information that you provide to RapidHost in doing so.
Passwords. If you are given a username and/or a password for the purpose of accessing certain features of the Services or certain features of the Site, you are responsible for all activities conducted under that username or password, and you will take all necessary steps to ensure that no one other than you uses that username or password and that password is kept confidential. If you have any reason to believe that any password assigned to you has become known to or been used by any other person, you will inform RapidHost immediately.
Changing Passwords. RapidHost may, at any time, change any username or password assigned by RapidHost to you, and RapidHost will notify you when it does so.
Insurance. You shall maintain, at your own cost, insurance against such risks and in such amounts that could reasonably be expected by persons acting prudently and engaged in similar activities as yourself.
4. DESCRIPTION OF SERVICES
Description. For each package of web hosting and related services that RapidHost makes available to its customers, RapidHost has prepared and published a specification (each a “Service Description”). The Service Descriptions are available on https://www.rapidhost.biz (the “Site”).
Changes to Services. RapidHost may modify its services and the corresponding Service Descriptions from time to time. Please refer to the Site for the most current Service Descriptions. RapidHost may also send an email notice of the change to its affected customers.
Any Service identified as a “Hosting Services” in its Service Description is a Hosting Service.
Hosting Environment. RapidHost shall: (i) maintain and operate the hardware used to host your website(s) (including monitoring the servers used on 24/7 basis); and (ii) use commercially reasonable efforts to maintain reasonable temperature and humidity levels, fire suppression controls, power conditioning equipment and uninterruptible power supplies for the proper ongoing operation of RapidHost’s hosting hardware.
SSD storage. RapidHost shall provide SSD storage for your website(s). Click here to read more about RapidHost’s definition of “unlimited” SSD storage for your hosted website.
Internet. RapidHost shall provide an Internet connection linking your hosted website(s) to the Internet. Click here to read more about RapidHost’s definition of “unmetered” bandwidth.
Remote Access. You will be given remote access to upload files for your hosted website(s) provided that you do so in a manner consistent with the TOS.
Routing. When RapidHost hosts a website on your behalf, RapidHost will route one or more domain names to that website. The exact number of domain names that RapidHost will route on your behalf will depend on the Hosting Service to which you subscribe. Check the applicable Service Description for more information.
Backup. You acknowledge that unless you subscribe to a Hosting Service that expressly includes the independent backup of Your Content (as defined below) as a service, RapidHost’s backup activities are primarily for RapidHost’s own disaster recovery purposes, and that YOU ARE RESPONSIBLE FOR THE STORAGE, BACKUP AND ARCHIVING OF YOUR CONTENT. Also note, Hosting Services include access to one or more tools via your Control Panel that allow you to backup Your Content. Please use these tools and backup Your Content frequently. RapidHost Automated Website Backup is an optional service available for an additional fee or which may be included for no charge in some Hosting Services that will automatically backup Your Content on an ongoing basis for your convenience. Please note that this service is provided as-is and without warranty in respect to performance. If you are using this service it is still your responsibility to review your backups from time to time to ensure all of your data is backed up correctly and to notify us of any concerns you have.
Maintenance Window. When reasonably possible, any maintenance of the hardware used to host your website(s) will be conducted during one of the following “Maintenance Windows”: (i) between 12:00 a.m. and 3:00 a.m. (local time in Toronto, Ontario); (ii) between 12:00 a.m. and 3:00 a.m. (local time in London, England); or (iii) between 12:00 a.m. and 3:00 a.m. (local time in Sydney, Australia). When choosing a Maintenance Window to use, RapidHost takes into account where the customers who may be affected by the maintenance activities are located (based on the addresses given to RapidHost by the customers) and what would be the early hours of the morning for most of them.
Availability. A Hosting Service is “Available” if the: (a) the hardware being used to provide it is operating; and (b) the Internet connection provided as part of the Hosting Service is operational.
Measure. RapidHost will use reasonable efforts to ensure that the Hosting Services will be Available other than for “Scheduled Maintenance” at least 99.9% of the time, measured monthly. Any maintenance or other work performed on RapidHost’s technology infrastructure that takes place during the Maintenance Window or with at least 48 hours’ prior notice posted to the Site is “Scheduled Maintenance”.
Cooperation. You acknowledge that it is important to coordinate your maintenance activities with those of RapidHost, and you will not conduct any maintenance activities on Your Content during any Maintenance Window without first obtaining written confirmation that RapidHost will not be performing any maintenance activities during that Maintenance Window.
Free Domain Name. If the cost of registering or renewing a single domain name for one year is included in the annual Fees that you are being charged for a Hosting Service (see the applicable Service Description to find out if it is included and the eligible types of domain names) and the domain name that you wish to register or renew for use with the website being hosted is both an eligible type of domain name and available, RapidHost will register or renew (as applicable) the domain name for you. If RapidHost does so and you continue to subscribe to such Hosting Services for a period of at least 12 months, RapidHost will not charge you its then-current fee for registering or renewing a domain name (as applicable). HOWEVER, IF THE HOSTING SERVICES ARE TERMINATED LESS THAN 12 MONTHS AFTER REGISTERING OR RENEWING THE DOMAIN NAME (THIS INCLUDES DURING THE FIRST 30 DAYS) OR YOU ATTEMPT TO TRANSFER THE DOMAIN NAME DURING THAT 12 MONTH PERIOD, RapidHost WILL CHARGE YOU AND YOU ARE REQUIRED TO PAY RapidHost’s THEN CURRENT FEE FOR REGISTERING OR RENEWING A DOMAIN NAME (AS APPLICABLE).
Maintenance of Domain Names.You are responsible for the ongoing maintenance, control and use of any domain name registered in your name and for any fees or taxes associated with its maintenance. To maintain your domain name registration you will need to interact directly with the applicable registrar. FOR GREATER CLARITY, YOU ARE RESPONSIBLE FOR: (i) RENEWING THE REGISTRATION AND ENSURING THAT IT DOES NOT LAPSE; AND (ii) ADDRESSING ANY ISSUES RELATING TO YOUR DOMAIN NAME. RAPIDHOST IS NOT RESPONSIBLE FOR DOING SO.
Please note that: (i) RapidHost is not able to guarantee that a proposed domain name is available for registration or that a registrar will register it; (ii) RapidHost will not assist with the registration on your behalf of a proposed domain name in any top-level or second-level domain unless expressly directed by you to do so; and (iii) RapidHost may but is not obligated to inform you of any proposed or new top-level or second-level domains.
Privacy Registration Service. Some registrars allow domain names to be registered without publishing the registrant’s name and contact information others do not. If you wish to take advantage of any such privacy service for a domain name and you are using the Domain Name Registration Service to register the domain name, you are responsible for informing RapidHost in writing prior to the registration of the domain name that you wish to take advantage of the registrar’s privacy service. You acknowledge that the privacy service is provided by the applicable registrar, not RapidHost.
As is. Assistance with registering domain names and securing related privacy services is provided “as is” and without any warranties, representations or conditions whatsoever.
Domain Redemption Fee: If your domain was registered with RapidHost and has expired, but you wish to recover the domain, RapidHost may be able to recover the domain if it is still within the redemption period. To recover a domain name that has expired but which is still within the redemption period, RapidHost must pay a redemption fee, which in turn will be passed on to you the customer. Please note that this domain redemption fee does not include the registration price of the domain that will still need to be paid to register the domain for the next year. If the domain name is not renewed or acquired during the redemption period, it will be made available again to the general public after the redemption period completes. Only domains that have been registered with RapidHost can be re-registered after expiration of the domain. If the domain that has expired was registered at another company, you will need to contact that registrar to recover the domain from the redemption period.
Resale. If you have received written permission from RapidHost to resell all or part of the Services that you are receiving pursuant to this Agreement, you are responsible for providing support to your clients. If RapidHost is contacted directly by any such client, RapidHost may suspend all or part of the Services that it is providing to you. If RapidHost does so, RapidHost will give you notice of the suspension and the reason for the suspension. Once you have satisfied RapidHost that you have taken reasonable steps to inform your clients that they are to contact you for support and to ensure that you are providing that support, RapidHost will lift the suspension. There is no abatement of Fees during any such suspension. Furthermore, any acts and omissions of your clients that would be breaches of this Agreement had they been your acts or omissions are your responsibility and will be treated as if they are your acts and omissions.
Additional Services. Any additional services related to the Hosting Services or Domain Name Registration Services that are requested by you and that RapidHost in its sole discretion provides (“Additional Services”) are deemed to be Services provided pursuant to these TOS, and they will be provided at RapidHost’s then-current rates.
FAQs. RapidHost maintains a list of frequently asked questions and technical support articles relating to the Hosting Services on the Site.
Technical Support. RapidHost will provide technical support relating to the Hosting Services via its help desk. The help desk aims to provide technical support 24/7/365. The help desk can be reached by: (i) telephone; (ii) email; and/or (iii) chat. The email address and the telephone number that you should use are set out on the Site.
Verifiable. RapidHost will use commercially reasonable efforts to resolve each problem reported to RapidHost’s help desk and verifiable as being a problem or deficiency with the Hosting Services.
Assistance. When you report a problem to RapidHost’s help desk, you will provide: (i) any assistance reasonably necessary to allow RapidHost to verify and resolve that problem; and (ii) all information that you are reasonably able to provide with respect to any problem.
Billing. Billing and account support is available via the web-based tool that RapidHost provides to you to manage your account. The tool and the hours that apply to your jurisdiction are available on the Site.
Intellectual Property. No intellectual property rights are transferred by RapidHost to you by these TOS.
Your Content. “Your Content” means all materials, information, data or code that you upload, store, transmit, receive or process in connection with the Services. You hereby grant to RapidHost and its directors, officers, employees, agents, consultants or subcontractors the right to use, reproduce, transmit and delete (as applicable) Your Content in such manner as may be necessary to enable RapidHost to perform the Services and otherwise exercise any right or perform any obligations under this Agreement.
Monitoring Your Content. Although RapidHost is not obligated to monitor content and assumes no responsibility for Your Content or the content of its other customers, RapidHost reserves the right, subject to all applicable laws, to investigate Your Content and may block access to, refuse to host, or remove any information or material that it deems to be in breach of section 6.1.
6. ACCEPTABLE USE
Unacceptable Use. Unacceptable use refers to any unlawful, illegal or inappropriate use as set out in this section 6. You may not use the Services or RapidHost’s technology infrastructure in any manner that constitutes an unacceptable use. Unlawful of illegal use is the creation, collection, transmission, storage or exchange of any material in violation of any applicable law or regulation. Inappropriate use includes any use or behaviour that may: (i) jeopardize RapidHost’s products, services, technology infrastructure or ability to operate; or (ii) expose RapidHost to civil liability. Unlawful, illegal or inappropriate use includes use of the Services to:
possess, store, view, download, transmit, distribute (by any peer-to-peer service or otherwise) or traffic any materials that:
include child pornography;
promote, sell or otherwise disseminate adult related material, pornography or other erotic material that contains nudity or other content determined at our sole discretion as adult-related regardless of merit, including but not limited to adult thumbnail galleries and banner exchanges;
infringe any person’s copyright or other intellectual property right (including unlicensed or improperly licensed applications, music, games or other materials);
wilfully promote hatred against or defame any identifiable individual, group or other organization; including but not limited to promoting hate, violence, or intolerance based on race, age, gender identity, ethnicity, religion, or sexual orientation.
promote or advocate human trafficking in any way as determined at our sole discretion;
promote prostitution or escort services;
promote gambling, casinos, gaming, sports betting, daily fantasy sports, lottery or chain letters regardless of content or origin and regardless of your citizenship or the legality of such activities within your country or jurisdiction;
promote or sell illegal drugs or drug paraphernalia;
advertise, advocate or operate get rich quick schemes or any high-yield interest programs (HYIP), ponzi or pyramid schemes, prime banks programs, bank debentures/bank debenture trading programs or related sites;
can be used for attacking computer systems, networks or internet users and defacing websites, including but not limited to IP scanners, bruteforce programs, spam scripts, executables, mail bombers or other tools or applications;
include any form of malware;
make threats to a person’s safety or property;
defame other persons;
interfere with the services that RapidHost provides to its other customers;
interfere with, disrupt or damage the servers used by RapidHost to provide such services, those of RapidHost’s suppliers or those of RapidHost’s other customers;
impersonate or falsely state or otherwise misrepresent your identity or affiliation with any person or entity;
wilfully bypass or subvert the physical, logical or procedural safeguards such as firewalls, web-filtering software or other access controls used by anyone to gain unauthorized access to anyone’s technology infrastructure or distributing computer programs designed to assist in doing so;
operate file dumps / mirror scripts (similar to rapidshare), anonymous or bulk SMS Gateways or fraudulent sites including but not limited to sites listed at aa419.org and escrow-fraud.com;
broadcast or stream live sporting events including but not limited to UFC, NASCAR, FIFA, NFL, NHL, MLB, WWE or television;
operate cryptocurrency / bitcoin miners;
undertake any act in violation of any applicable local, provincial, state, national or international law or regulation including any laws relating to:
the export of data or software;
the protection of human rights;
the promotion of hatred;
the protection of intellectual property; or
including the sending of commercial electronic messages without consent from the recipients.
Unacceptable uses of the Services or RapidHost’s technology infrastructure may also include but are not limited to hosting materials or performing activities such as: unsolicited mailings, newsgroup spamming, hosting topsites for the purpose of distributing, storing or archiving warez releases, copyrighted MP3, illegal content, copyright infringement, trademark infringement, cracks, software serial numbers, and running of any scripts, executables, or other programs or processes that can in any way adversely affect the performance of RapidHost’s technology infrastructure. RapidHost will be the sole and final arbiter as to what constitutes a violation of this policy.
Disruptive Uses. You may not use the Services or RapidHost’s technology infrastructure in any manner that interferes with or disrupts RapidHost’s other customers. When any of the following events occurs in relation to any hosted web site, it is a disruptive use, a breach of these TOS and RapidHost may exercise its rights under section 6.6 including to suspending Services:
generating a daily, weekly or monthly volume of network traffic that is excessive in relation to amount of network traffic typically generated by RapidHost’s other clients who have purchased similar hosting services;
generating spikes in network traffic usage that are out of proportion (in volume or frequency) to those typically generated by RapidHost’s other clients who have purchased similar hosting services;
on a daily, weekly or monthly basis, consuming CPU or other processing resources in a manner that is excessive in relation to amount of network traffic typically generated by RapidHost’s other clients who have purchased similar hosting services;
even if they do not come within (i), (ii) or (iii) above, running peer-to-peer applications, peer-to-peer file sharing, proxy servers, bit torrent, online gaming servers, proxy server network, interactive relay chat (IRC), interactive chat applications, membership or community sites, file sharing, video sharing, photo sharing or other resource intensive services or applications.
using SSD storage to store materials unrelated to or unnecessary for the operation of the web site for which the Hosting Services were purchased (for example, using SSD storage for data warehousing, email storage, backups of emails accounts, backups of all or part of any computing, telecommunications or mobile device or other forms of mass data storage); or
the sending of any commercial electronic messages promoting the web site or otherwise directing attention to the web site to any recipient without the recipient’s consent
No “Spam”: UCE/UBE or “spam” originating from a server located on our network or associated with a RapidHost server is not tolerated. This includes any email that promotes websites hosted on a server located on the RapidHost network, but which is sent from an email address not associated with a RapidHost account.
Music, Image and Video Files. Responding to and addressing copyright complaints is a time consuming process. From time to time, RapidHost scans its servers looking for MP3, MP4 and other file formats commonly used for music, images or video. If such files are detected amongst Your Content, RapidHost may ask you to demonstrate that they are: (i) owned or properly licensed by you; and (ii) if licensed, not being used in a manner that is inconsistent with that license. If you fail to do so for any file or, in the alternative, remove the file from RapidHost’s servers, it is a breach of this section 6.3 and RapidHost may exercise its rights under these TOS including section 6.6 and section 5.3
Reporting. If you become aware that any person has committed, is likely to have committed or is likely to commit any act described in section 6.1, you will promptly report it to the help desk from which you receive technical support.
Investigation. RapidHost reserves the right to investigate suspected breaches of this section 6, and you agree to cooperate with RapidHost when asked to assist in any such investigation.
Breaches. If you breach this section 6, it is probable (in RapidHost’s sole discretion) that you have breached or it is likely that you will breach this section 6 (also in RapidHost’s sole discretion), RapidHost in its sole discretion may suspend or revoke your access to the Services or RapidHost’s technology infrastructure. Breaches of this section 6 may also result in you incurring criminal prosecution or civil liability.
Others Breaches. RapidHost assumes no liability for enforcing or not enforcing the provisions in its other service agreements relating to acceptable use.
7. IP ADDRESSES
RapidHost may assign one or more Internet Protocol addresses to you for use with the Services. You acknowledge that you have no right, title or interest in or to any IP addresses assigned to you by RapidHost or its representatives in connection any Services. RapidHost or its suppliers may change any such address at any time, but RapidHost will use reasonable efforts to give you notice of any change if the affected IP address is a fixed IP address.
Fees. The fixed fees and/or rates applicable to any Service are set out in the online order form for the Service (the “Fees”). They may include one-time fees (these are typically for setting up the service) and recurring fees. PLEASE NOTE THAT THE ONLINE ORDER FORM MAY ALSO SET OUT A RATE INCREASE THAT WILL BECOME EFFECTIVE UPON THE EXPIRATION OF A PROMOTIONAL RATE. SUCH AN INCREASE WILL HAPPEN WITHOUT FURTHER NOTICE TO YOU. Otherwise, RapidHost will give you at least 30 days prior written notice of any increase to the Fees.
Promotions. From time to time, RapidHost may offer its services to new or existing clients at discounted or promotional rates. You acknowledge that any such promotion is only applicable to one of your Services if the promotion or discount is clearly set out as applicable on the online order form used that you used to order the Service.
Expenses. Unless expressly set out otherwise in an applicable Service Description, you will reimburse RapidHost for all registrar’s fees or other related expenses incurred by RapidHost in relation to any third-party service described in section 4.3.
Taxes. You will pay any present or future sales, goods and services, excise, value-added, or other similar taxes including any related interest or penalties (imposed at any time by any governmental authority) arising from or related to any Services other than taxes based on RapidHost’s net income.
Payment of Fees. RapidHost accepts payment by credit card (Visa, MasterCard or American Express), Alipay, and PayPal. Available payment types may vary from region to region. Information on the payment types accepted in your jurisdiction is available on the Site.
In Advance. Payment for Hosting Services is in advance. When you order a Hosting Service, you are required to pay the full amount of Fees for the initial term and applicable taxes. When a Hosting Service renews, you are required to pay the full amount of Fees for the renewal term and applicable taxes. A Hosting Service renews when it has not been terminated by you prior to the last date of the initial term or any renewal term for which you have paid.
Additional Services. Fees for Additional Services, applicable taxes and reimbursable expenses are due at the end of the month in which they are incurred.
Automatic Charging. When RapidHost is entitled in accordance with this Agreement to any Fees, applicable taxes or expenses, such amounts will be automatically charged to the credit card, Alipay, or PayPal account that RapidHost has on file for you and you authorize RapidHost to do this. RapidHost will send an invoice for these amounts to the email address that it has on file for you before doing so.
Chargebacks. Please note that should any amount that you pay by credit card, Alipay, or PayPal be charged back to RapidHost, you will incur an additional Fee of $25.00. The payment will not have been received by the due date, and:
RapidHost may restrict, suspend or terminate the affected Services; and
the overdue payment shall bear interest at the rate of one percent (1%) per month (an effective annual rate of 12.68%) or the maximum rate permitted by law, whichever is less. Further, RapidHost shall be entitled to recover its collection costs, including legal fees and expenses.
Term. This Agreement shall be effective as of the date on which you order your first Service and shall continue until terminated in accordance with the terms and conditions set out in section 10 of this Agreement (the “Term”).
10. SUSPENSION AND TERMINATION
Suspension. If you breach of these TOS, RapidHost may, in its sole discretion, restrict or suspend the Services, without prior notice to you and without an opportunity to cure the breach. If you are given an opportunity to and you cure the breach or you demonstrate to RapidHost satisfaction that you have taken steps to prevent future breaches of the TOS, RapidHost will lift the restriction or suspension. RapidHost will give you notice of any suspension or restriction. Whether or not a restriction affects your access to Your Content is in RapidHost’s sole discretion. PLEASE NOTE THAT FEES WILL BE CHARGED DURING THE PERIOD OF ANY SUSPENSION OR RESTRICTION OF SERVICES.
By You. You may terminate any Service at any time by using the web-based tool that RapidHost provides to you to manage your account to terminate the Service. PLEASE NOTE: Subject to section 8.10, any amounts paid in advance for Services will not be refunded.
By RapidHost. RapidHost may terminate any Service by giving you at least 30 days written notice of the termination date. RapidHost may terminate this Agreement immediately and without prior notice to you:
if you breach section 6 (Acceptable Use);
if you breach section 8 (Payment) and do not cure that breach within 10 days of the breach; or
if you breach any other section of these TOS and do not cure that breach within 15 days.
Survival. Those sections of this Agreement which by their nature should survive the termination or expiration of this Agreement, including but not limited to 3.4, 4.2(g), 4.2(l), 4.3(b), 4.3(c), 5, 7, 8, 10.4, 11, 12, 13, 14, 16 and 17 will remain in full force and effect following the expiration or termination of this Agreement.
Renewals. Services purchased for a set period (for example, three years) will be automatically renewed upon the expiry of that period unless you give RapidHost written notice of your intention to terminate them at least 30 days prior to the expiry of that period. They will be renewed at RapidHost’s then current rates for such Services.
Privacy & Cookies Policy
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.