1. Account Setup

An account will be created and kept on file for 90 days after termination of your services. You are responsible for providing and maintaining a valid email address which does not belong to any domain you are hosting with us. This email address will be used to send administrative messages pertaining to your account. In addition, you are responsible for providing and maintaining a valid credit card on file which will be automatically charged for the term (monthly, quarterly, yearly) you have agreed to, until your account is terminated.

2. Content

All services provided by RK Frantz may only be used for lawful purposes. The laws of the State of Florida and the United States will apply.

You agree to indemnify and hold harmless RK Frantz from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@rkfrantz.com with details of the infringement.

RK Frantz services, including all related equipment, networks and network devices are provided only for authorized customer use. RK Frantz systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of RK Frantz systems constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. RK Frantz may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Violations will be reported to the appropriate law enforcement agency.

3. Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

RK Frantz reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

RK Frantz reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of RK Frantz Software, Inc.

4. Billing and Payment Information

You agree to supply appropriate payment for services received from RK Frantz, in advance of the service period. You agree that until and unless you notify RK Frantz of your intent to cancel any or all services, those services will be billed on a recurring basis. Payment for recurring services, such as hosting, domain and ssl renewals, will automatically be billed to your credit card on file when you choose monthly or quarterly billing periods. For accounts billed on a yearly basis, an invoice will be generated and emailed to you one month in advance of your payment due date. You may pay this invoice by check, or online with a credit card.

All invoices for services, except for yearly billing periods, must be paid within 10 days of invoicing. Yearly billing invoices must be paid within 30 days of invoicing. Any invoices paid after the grace period will incur a $25.00 service charge in addition to the outstanding amount owed. Any invoice not paid within 10 days after the grace period will result in your account being suspended until all outstanding invoices and charges are paid in full. Note that service will continue to accrue even while your account is suspended.

RK Frantz software will not be responsible for loss of domain name(s) due to a renewal invoice not being paid in time. It is your responsibility to ensure your invoices are paid in a timely manner.

5. Backups and Data Loss

Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. RK Frantz is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on RK Frantz servers. Backups will not be provided for accounts that have been suspended or terminated for any reason, or for shared hosting accounts exceeding 10gb unless otherwise agreed to in writing by RK Frantz Software, Inc.

6. Cancellations and Refunds

You may cancel your account at any time by using the "Cancel Account" link found on your account control panel. No refunds are given on dedicated servers, administrative fees, install fees, custom software, SSL certificates or domain registrations and renewals. If you cancel an account billed on a quarterly or yearly basis before the end of a billing period (quarter or year), that period will be recalculated as if it were billed monthly before returning the unused portion of your payment, if any. The recalculation may result in additional money being due, and if so, this additional amount will automatically be charged to your credit card on file. No refunds will be given on accounts billed monthly.

Violations of the Terms and Conditions agreement will waive the refund policy.

7. Bandwidth and Resource Usage

You will have a certain amount of bandwidth available monthly, depending on the hosting service plan you have signed up for. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused bandwidth in one month cannot be carried over to the next month.

In addition, shared hosting users may not:

1. Use 25% or more of system resources for longer than 60 seconds.
2. Run stand-alone, unattended server-side processes at any point in time on the server.
3. Run any type of web spider or indexer (including Google Cash / AdSpy)
4. Run any software that interfaces with an IRC (Internet Relay Chat) network.
5. Participate in any file-sharing/peer-to-peer activities.
6. Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.

8. Price Changes

RK Frantz reserves the right to change prices for hosting services at any time; however, prices will never increase on accounts in good standing as long as the account remains active. Accounts which are cancelled or otherwise terminated will be reopened at the current prices in effect at the time. This No Price Change policy applies to shared and dedicated hosting prices only. Prices for domain registrations, renewals, SSL certificates and custom software rates will use the price in effect at the time those services are rendered.