RaptorNode agrees to provide the services stated for the price agreed at any given time. We do not miss lead customers with hidden costs unlike many other web hosting companies.
Terms Of Service (TOS)
As a customer of RaptorNode you must agree to this written contract upon purchase of any of our services. As a customer you hold the right to add additional services at any time via any of the methods and agree to pay in advance for them whether they be one time charges or recurring monthly fees.
No changes to this agreement shall be binding except those in writing counter-executed by both parties. Deviations in pricing shall be agreed to in writing. Emails confirmed by both parties shall suffice.
RaptorNode will invoice Customer for Fees and Expenses monthly; provided, however, RaptorNode may invoice Customer for Fees and Expenses associated with Service(s) provided pursuant to a customers request immediately upon RaptorNode provision of such Service(s). Customer acknowledges that RaptorNode will invoice certain Service(s) (including without limitation telecommunications services) in advance of the provision of such Service(s). Payment shall be due immediately upon the invoice date for recurring monthly services whether or not customer has received an invoice yet or not. Invoices which remain unpaid 6 (six) day after they are due, shall be terminated and any associated services including any data stored on the service will be wiped. Expenses shall be included on an invoice only to the extent that the actual amount of Expenses is known to RaptorNode at the time the invoice is issued, and Expenses for which an actual amount is not known to RaptorNode at the time an invoice is issued may be included on subsequent invoices. Unless otherwise agreed in writing by the Parties, the failure of RaptorNode to include earned or incurred Fees or Expenses on a given invoice shall not relieve Customer of its obligation to pay such Fees or Expenses. Customer's obligation to pay Fees or Expenses shall survive the termination of this Agreement for any reason whatsoever.
Customer grants RaptorNode a blanket security interest in the customer's contract with their customers who are renting servers from them in the RaptorNode data center and any equipment which they have colocated in the RaptorNode(corexchange) data center in the event of non-payment by customer - customer agrees that RaptorNode may take these customer contracts direct and or sell the equipment without a tortious interference claim or unlawful conversion claim to protect the credit balance owed RaptorNode by customer and full ownership of the contracts shall transfer as well if balance is more than 60 days old. Any amounts collected from any sale of equipment above and beyond the balance owed will be returned to the customer within 10 business days.
The term of this Agreement shall begin upon the date the server is installed and made available to customer and shall be for 1 month and shall renew for successive 1 month terms until terminated by either Party upon the sooner of (i) thirty (30) days prior written notice to the other Party, or (ii) the expiration or termination of all Service(s) set forth in the Statement of Work and all Work Order(s).
Termination Due to Breach
In the event that Customer commits a material breach of any of its obligations hereunder, RaptorNode may terminate this Agreement or (at RaptorNode sole option) suspend, interrupt or terminate one or more Service(s) to which such breach pertains by sending written notice of termination to Customer with termination effective as stated on the electronic mail notice.
Effects of Termination
Unless the Parties agree otherwise in writing, termination of the Agreement shall also serve to terminate all Service(s) and Statements of Work and to cancel all Work Orders, and Customer shall pay RaptorNode all Fees and Expenses earned or incurred by RaptorNode pursuant to such Service(s), Statements of Work and Work Orders through the date of termination, less any payments made hereunder by Customer prior to said termination. Additionally, all property of each Party which is in possession of the other Party shall be returned to its owner. In the event one or more Service(s) is terminated prior to the expiration of the Term for such Service(s) (other than due to a material breach of this Agreement by RaptorNode.
Warranties of RaptorNode
RaptorNode warrants that the Service(s) shall be provided in a workmanlike and professional manner. Upon RaptorNode breach of the foregoing warranty, Customer's sole and exclusive remedy shall be to require RaptorNode to exercise commercially reasonable efforts to repair or replace the nonconforming Service(s); provided, however, that, with respect to any Service(s) which are interrupted or rendered inoperable due solely to RaptorNode breach of the foregoing warranty for any time period, Customer shall also be entitled to a pro-rata refund of any Fees attributable to the interrupted or inoperable Service(s) in an amount determined by multiplying the fixed monthly, recurring Fees (if any) for the interrupted or inoperable Service(s) by the ratio that the number of consecutive hours of inoperability bears to 720 hours (for the purpose of this computation, each month is deemed to have 720 hours). RaptorNode will not be liable to any extent whatsoever for interruption, restriction, inoperability or malfunction of any Service(s) which is not caused solely by a breach of the warranty set forth in this Section. RaptorNode expressly reserves the right to suspend, interfere with, impair or terminate Service(s) as necessary for purposes of maintenance, upgrades or repair (either by RaptorNode or by any supplier, partner or independent contractor of RaptorNode) or in the event of any circumstance which RaptorNode, in its sole discretion, deems necessary or desirable to prevent or remedy an impairment of, or harm to, the integrity or functionality of and Service(s) or any plant, services or facilities of any Indemnities (as defined in Section 4.3) or of any third party, and neither the exercise nor the non-exercise of the foregoing rights or discretion shall constitute a breach of any provision of this Agreement.RaptorNode MAKES NO WARRANTIES, EXPRESS OR IMPLIED, CONTRACTUAL OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF UNINTERRUPTED OR ERROR-FREE OPERATION AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE(S) OR ANY ASPECT THEREOF, AND ALL WARRANTIES WITH RESPECT THERETO ARE HEREBY EXPRESSLY DISCLAIMED. Customer expressly acknowledges and agrees that proper provision of the Service(s) is dependent upon the provision to RaptorNode by Customer of timely and accurate information regarding (i) Customer's needs and expectations regarding the Service(s), and (ii) all operational, technological or other data which Customer knows or should know is relevant to the provision of the Service(s) (collectively "Information"). Customer shall provide the Information to RaptorNode in a timely manner and the Information shall be accurate. Customer agrees that, in the event of Customer's breach of its obligations in this Section 4.1, the warranty set forth in Section 4.1 shall be null and void.
Warranties of Customer
Customer hereby covenants, represents and warrants that:
Customer will not, and will not permit others to, use any Service(s) (i) for any unlawful or illegal purpose or in connection with or in furtherance of any unlawful or illegal activity, (ii) in violation of any applicable law or regulation, (iii) in a manner that will, or is likely to, infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the right of privacy, publicity or other personal rights of others, or (iv) in connection with any conduct or activity that is, in the sole opinion of RaptorNode, defamatory, indecent, obscene, offensive, threatening, abusive, hateful, tortuous or violative of the rights of any other person or entity; Customer will not, and will not permit others to, do any act which may interfere with or compromise the security or functionality of any Service(s), including without limitation attempting to probe or test the vulnerability of any system or network connected to or accessible by the Service(s);No equipment owned, leased, maintained by or controlled by Customer or by any third party which is connected to or utilized the Service(s) with the consent of Customer will (i) interfere with or impair any Service(s) or any plant, services or facilities of any Indemnities or of any third party, (ii) unlawfully interfere with or impair the transmission of privacy of any data or communications transmitted over the Service(s) or over any plant, services or facilities of any Indemnities or of any third party, or (iii) create, cause or contribute to the creation or causing of a hazard to any Indemnities or to any third party.
RaptorNode reserves the right to suspend, interrupt or terminate any Service(s) or this Agreement immediately without further notice in the event of a breach by Customer of Section 4.2. RaptorNode reserves the right to remove, delete, disable or block transmission of any data or materials which RaptorNode reasonably believes constitute, either alone or in conjunction with other acts, omissions or data or materials, a breach or potential breach by Customer of Section 4.2. Customer agrees to defend, indemnify and hold harmless RaptorNode LTD, its successors or assigns, subsidiaries, officers, directors, employees, agents, independent contractors, licensees, licensors, suppliers and customers (excluding Customer) (collectively "Indemnities") against any and all claims, liability, loss, damage, or harm (including without limitation reasonable legal and accounting fees) suffered by such Indemnities (including without limitation claims, liability, loss, damage, or harm in connection with death, bodily injury or injury to real or personal property) arising from or in connection with (i) Customer's purchase or use of any Service(s), including without limitation any claims, liability, loss, damage, harm suffered by such Indemnities arising from or in connection with the use by any third party of any Service(s) purchased by Customer regardless of whether such use was authorized by Customer, or (ii) Customer's breach of any provision of this Agreement.
Limitation of Liability
Any other provision of this Agreement to the contrary notwithstanding, the aggregate liability of all Indemnities for any losses or damage, whether direct or indirect, arising out of or in connection with the Service(s), including without limitation any cause of action sounding in contract, tort or strict liability, shall be limited to actual, direct damages incurred but in no event shall exceed the greater of (i) Five hundred pounds, or (ii) the Fees paid by Customer to RaptorNode during the two (2) months preceding the month in which liability arose for the Service(s) in connection with which such liability arose. RaptorNode shall not be liable for lost profits or other consequential damages, cover damages, or for any claims against Customer by any third party, even if RaptorNode was advised of the possibility of same. Under no circumstances shall RaptorNode be liable hereunder for special damages, consequential damages, general damages, incidental damages, indirect damages, or exemplary or punitive damages. No action arising out of this Agreement, regardless of form, may be brought by Customer against RaptorNode more than one (1) year after the cause of action arose. Without limiting the foregoing:Customer acknowledges that RaptorNode is not responsible for controlling or monitoring any content, information, data or other materials stored on, transmitted via, or accessible through use of, the Service(s), and RaptorNode will have no liability to Customer whatsoever in connection with such content, information, data or other materials (including without limitation the accuracy or suitability thereof or unauthorized access or damage to, alteration, theft, corruption destruction or loss of, Customer's data or other materials); RaptorNode will have no liability to Customer whatsoever in connection with any harm or loss arising from or in connection with unauthorized access to the Service(s); and all Indemnities are expressly made third party beneficiaries of this Section 5.
The customer agrees that the exclusive venue for litigation shall be in the United Kingdom (English court to be chosen at our discretion) or USA, The Netherlands (again, choice at our discretion). All lawsuits shall occur here and customer agrees that any judgments may be domesticated to their local court of appropriate jurisdiction to enforce the judgment.
On requesting a website transfer or server migration performed by RaptorNode staff team, the requesting client is bound to the following terms unless exemption is stated in writing by an administration member:
Client understands that RaptorNode takes no responsibility for damage or corruption of files
Client accepts that no member of RaptorNode can be held liable for transfer issues or delays
Client understands that the transfer/migration only covers the transfer of files and databases
Client may be responsible for performing some actions to get the Virtual server/website to a working condition
Client agrees that all website transfer/server migration charges are non-refundable
Any client who requests a transfer but openly disagrees to any of the aforementioned terms will have their transfer request denied. Clients are bound to the above terms in the following cases including but not limited to:
Client purchases a website transfer when ordering a Shared Hosting plan
Client is dissatisfied with server performance and requests transfer to a different server
Client requests a package upgrade that requires a transfer to a new server
Customers are entitled to apply for a refund up to 7 Days after their paid service is first activated. This policy does not apply to our Dedicated systems, however exceptions are made for hardware faults. Refunds do not include any fees associated with Software Installations performed by RaptorNode. Refundees will be charged a standard rate of £0.10 per GB transferred within the 72 hour time period, this will be taken into consideration and deducted when a refund is given. Shared hosting customers are able to apply for a refund, however the price of the domain name will not be included. This policy also applies to package transfers.
If you are terminated due to a violation of our terms of service you agree that you will not receive any partial refunds and that this shall be considered a reasonable estimate of the liquidated damage and not a penalty.
Shared Hosting Acceptable Use
Shared hosting for websites may only be used for lawful purposes. Storage or transmission of any materials in violation of United Kingdom Federal law or in violations of Netherlands Federal law is strictly prohibited. This includes, but is not limited to:
Material deemed threatening, obscene, or harmful by RaptorNode Administration
Suspension of Services/Termination
Customer agrees that RaptorNode may suspend services to Customer without notice and without liability if: (i) RaptorNode reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) RaptorNode reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay RaptorNode reasonable reinstatement fee if service is RaptorNode following a suspension of service under this subsection.
The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if RaptorNode fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail. The Agreement may be terminated by RaptorNode prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon five (5) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from RaptorNode describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer's Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
If you break our terms of service/acceptable usage policy we hold the right to cancel any services. We will never cancel any services without trying our best to resolve the problem with you. However in extreme cases such as an account containing child pornography we hold the right to cancel services without any prior warning. We do not refund any accounts breaking our terms of service/acceptable usage policy. For example if we cancel your hosting account during your first month for breaching copyright, we will not refund you for the first month. This is to prevent people signing up for our services with the intention of breaching our terms.
On purchasing your product/service, the customer agrees to take full responsibility for any content on their designated user, this includes dismissing any claims of another party having access to their user and uploading illegal material.
On registering your service you accept full responsibility for any content on your service. These responsibilities include maintaining proper loads and monitoring and keeping your services on or under your designated quotas. Through registering your server you also agree that you are the sole owner of your service, therefor you take full responsibility for any illegal or prohibited content found on your service.
Resellers are responsible for supporting their clients. We (RaptorNode LTD) do not and will not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. We (RaptorNode LTD) will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.
Scripts that send a TCP/UDP flood, or any form of denial of service attacks to a remote or local server is not tolerated for any reason on our hosting plans. If any Port flood or Distributed Denial of Service attack script is found on a server, it will be terminated without prior notice or warning after evidence is gathered to form our case again you (the client).
For resource and connection abuse reasons, streaming software is not allowed on our shared hosting or virtual private server plans. If a server is found abusing resources while running streaming software, it may result in suspension of the service for a period time.
Virus, MalWare & SpyWare distribution
If a server is found hosting, distributing and (or) hosting any of the following Virus', MalWare, SpyWare and any other harmful products reported to us it will lead to immediate termination of your service(s).
Data searches and removal
RaptorNode staff agree to respect your privacy and will not go through the files on your service, however exceptions may be made in serious cases including but not limited to:
- Your service is using high resources and causing other users distress
- A DMCA notification is received, and must be verified (we will not modify or remove any files in this case)
- We have strong suspicion that you are running illegal attack software
- You have requested assistance via a Support Ticket
- You have given us expressed permission to search/modify your files
Please note that 99.99% uptime assurance does not include scheduled and emergency maintenance. Scheduled maintenance notices are sent 7 days prior while emergency maintenance notification is sent atleast 24 hours prior to execution. Network uptime is also not effected by hardware related issues.
Agreement Document Revisions
This agreement shall be modified from time to time by RaptorNode and the current version shall be posted on the RaptorNode website in a viewable cache method. If customer does not agree to the new terms - customer should cease utilizing the services at the next term.