Terms of ServiceLast Updated: March 9, 2021
These Terms of Service (“Agreement”) govern the provision by RapidNodes LLC (“RapidNodes LLC”) of the products and services RapidNodes LLC describes on its website and through representatives associated with RapidNodes LLC Hosting (the “Service”).
1. Provision of service. RapidNodes LLC agrees to provide the Service in accordance with the terms in this Agreement beginning on the later of the date that the Customer places an order for the Service or the date payment is received by RapidNodes LLC. Customer acknowledges that the Internet is not owned nor controlled by any one entity and that RapidNodes LLC cannot guarantee that any User will be able to access RapidNodes LLC’s Service at any given time. RapidNodes LLC represents that it shall make every good faith effort to ensure that its services are available as widely as possible and with as little interruption as possible.
2. Lifetime basis. Unless terminated as provided for under the terms of this Agreement, RapidNodes LLC agrees to provide the Customer with the Service on a “lifetime” basis. Lifetime shall be defined as for as long as RapidNodes LLC continues to provide any hosting package as a commercial service. Lifetime hosting packages are per named Customer and are absolutely not transferable to any other entity, for any reason, in any way or under any circumstances whatsoever.
3. Feature set. RapidNodes LLC will make every effort to preserve the current feature set for the life of this Lifetime Service. However, features may change at RapidNodes LLC's sole discretion in order to move to later supported versions of components, address security issues, or for any reason (or no reason at all) RapidNodes LLC deems appropriate.
4. Download of software and copyright. Title, ownership, rights, and intellectual property rights in and to the RapidNodes Server components of the Service and all related documentation shall remain with RapidNodes LLC. Such software and components are protected by the copyright laws of the United States and international copyright treaties. For the purposes of this license "intellectual property rights" means any and all patents, copyright, registered or unregistered design rights, trademarks, trade names, know-how, database rights or other intellectual property rights. Customer will not attempt to break into, download, copy or otherwise replicate any of the RapidNodes Server components of the Service on their local machine or own servers (beyond the unmodified use of any desktop software provided by RapidNodes LLC) until such time as RapidNodes LLC makes such components generally available and then under such terms as specified by RapidNodes LLC at that time. Customer is expressly forbidden from attempting to download the RapidNodes Server engine and associated components. Violation of this clause is cause for termination of the Customer’s Service without refund at the sole discretion of RapidNodes LLC, as well as for legal action to prevent Customer’s use or redistribution of the RapidNodes Server technology or components, all costs of such legal action to be paid by the Customer in full.
5. Communication. RapidNodes LLC has the right to email you periodically with certain information about the service, your account, marketing materials, and surveys. You may not opt out of receipt of account related communication.
6. Data collection. RapidNodes LLC may collect performance metrics, statistics and utilize other novel and sophisticated methods of assessing the performance of the Service. Such data collection will be used for the sole purpose of improving the provision of the Service to all Customers and for no other purpose. RapidNodes LLC will not share such personal information with any 3rd party.
7. Additional services. RapidNodes LLC will make available additional Services from time to time at its sole discretion. Such Services may be purchased by paying a monthly fee. Where such Service is purchased by Customer such fee will be paid on time on a monthly basis. RapidNodes LLC may at its sole discretion suspend or terminate this Agreement should any fee remain outstanding 14 days after a reminder notice has been issued.
8. Bandwidth and Disk Usage. Customer agrees that bandwidth and disk usage shall not exceed the number of gigabytes per month for the Service as described by RapidNodes LLC (the “Agreed Usage”). RapidNodes LLC will monitor Customer’s bandwidth and disk usage. RapidNodes LLC will have the right to take corrective action if Customer’s bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the disconnection or termination for cause of the Service at the sole and absolute discretion of RapidNodes LLC. If RapidNodes LLC takes any corrective action Customer shall not be entitled to a refund of any fees paid in advance of such action. The Customer agrees that the Service is primarily for the purpose of hosting a website, email and associated functions. Data uploaded must be primarily for this purpose. The Service is not intended for use as a data backup or archiving service. Bandwidth usage is monitored on a calendar month basis. All incoming and outgoing traffic is counted, including traffic for email or CGI debugging, and applied towards the Agreed Usage. Unused Agreed Usage cannot be carried over to future months.
9. Resource use. Servers are shared with other customers. Customer will make every effort to avoid running CPU intensive CGI scripts, e.g. scripts that have bugs, or do not to close properly after being run. Should such a process occur Customer will make every effort to resolve the error as soon as possible. A number of services are prohibited by the Acceptable Use Policy and must not be run. Should Customer continue to adversely affect performance of its shared service and RapidNodes LLC are unable to resolve this matter with Customer, RapidNodes LLC may suspend or terminate Customer’s account at its sole discretion.
10. Termination under this agreement. RapidNodes LLC will not refund any money to Customer in relation to any portion of the Service, including any portion of the “lifetime” fee if it has to terminate for reasons given in any of the causes listed under this Agreement.
11. Lawful purpose. Customer may not use the Service for any unlawful purpose. Transmission of any material in violation of any international law anywhere in the USA is grounds for RapidNodes LLC to terminate the Service without refund. Any violation of the Acceptable Use Policy is grounds for termination of the Service by RapidNodes LLC without refund.
12. Indemnification. Customer agrees that it shall defend, indemnify, save and hold RapidNodes LLC harmless from any and all demands, claims, liabilities, losses, costs, including legal fees asserted against RapidNodes LLC, its employees, agents, customers, officers and subcontractors that may arise or result from any Service performed or provided or agreed to be performed or produced or sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless RapidNodes LLC against any and all Liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with the Service, any material supplied by the Customer infringing or allegedly infringing on the proprietary rights of a third party, copyright infringement or the provision of any defective product which Customer sold or provided using the Service.
13. DISCLAIMER OF WARRANTY.
A) THE SERVICE IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RapidNodes LLC FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. UNDER NO CIRCUMSTANCES, SHALL RAPIDNODES LLC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICE; OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RAPIDNODES LLC’S RECORDS, PROGRAMS OR THE SERVICES.
B) THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OR NON PERFORMANCE OR INTERRUPTION TO USE OF THE SERVICE REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RAPIDNODES LLC BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF RAPIDNODES LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
C) NOTWITHSTANDING THE ABOVE THE TOTAL LIABILITY WHICH RAPIDNODES LLC OWES TO YOU IN RESPECT OF BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE SHALL, OTHER THAN IN CIRCUMSTANCES IN WHICH SUCH ACTS RESULT IN DEATH OR PERSONAL INJURY IN WHICH CASE LIABILITY SHALL BE UNLIMITED, BE LIMITED TO THE SUM OF $350 IN RESPECT OF ANY ONE CLAIM OR AGGREGATE OF CLAIMS ARISING IN ANY TWELVE MONTH PERIOD;
14. Waiver. The failure of either party at any time to require performance by the other party of any provisions of this agreement shall in no way affect their right to require performance at any time thereafter, nor shall the waiver of either party of the breach of any provision of this agreement be taken or held to be a waiver of any succeeding breach of such provision or as waiver of the provision itself.
15. Headings. The article headings in this agreement are for reference only and shall have no meaning in interpreting this agreement.
16. Severability. Should any portion of this agreement be found to be unenforceable this portion of the agreement will be modified to the minimum extent necessary to comply with applicable law and the remainder of the agreement will remain in full effect.
17. Governing Law. This agreement and any dispute arising from its performance or non performance shall be governed by the laws of the United States. Customer hereby irrevocably submits to the exclusive jurisdiction of the United States. Customer hereby irrevocably waives and agrees not to assert by way of motion, as a defense or otherwise in any way, in any such suit action or claim, that it is not personally subject to the jurisdiction of the American Courts, that the suit, claim, action or proceeding is brought in an inconvenient forum, that the venue is improper or that this agreement may not be enforced in such venue. A judgment obtained in any such action, suit or proceeding shall be conclusive and may be enforced in other jurisdictions in any manner as provided by applicable law.
18. Entire agreement. This License constitutes the entire agreement between RapidNodes LLC and Customer with respect to the subject matter hereof and with the exception of any fraudulent or negligent misrepresentations supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. The only exception to this is any explicit terms you may have agreed to before signing up to the Service on our web site, or any other supplementary terms made clear by us prior to your agreeing to this agreement. Any such terms will form part of this agreement.