Terms of Service and Acceptable Use Policy.
- Do not cover up or remove the banners that we place on your site with css code or otherwise. Sites that cover up or remove the banner will have their themes reset. Repeat offenders will have their sites terminated.
Terms of Services | Acceptable Use Policy
NOTICE: IPv4 Exhaustion has tied our hands on the amount of IPv4 Addresses we can provide to any single client.
Once cPanel has better support for ipv6 all clients will be provided with a single ipv6 address by default and retroactively.
We will not tolerate abuse of any sort towards our employees. Cussing, Insulting, Belitting, Racial Slurs, or other abuse towards our employees may see your support access blocked and possibly having your account terminated off our network with no refund.
Prohibited use
We do not support mass mailers! Please use a third party service that specializes in email marketing! If you attempt to use RoseNode.com for spam your service will be shut off without refund! We rate limit the email sending and receiving of ALL our services. By using RoseNode.com services you agree to never send email to bought or acquired email lists of any sort through RoseNode.com services.
Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
Sending Unsolicited Bulk Email (“UBE”, “spam”). The sending of any form of Unsolicited Bulk Email through RoseNode.com, LC’s servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on RoseNode.com servers, is prohibited. RoseNode.com accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by RoseNode.com customers must be Closed-loop Double Opt-in (“Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any RoseNode.com hosted domain, or referencing any RoseNode.com account, is prohibited.
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org/rokso.
Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., “cracking”).
Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any RoseNode.com customers or end-users by any means or device.
Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the RoseNode.com network or on another provider’s network.
Using RoseNode.com Services to interfere with the use of the RoseNode.com network by other customers or authorized users.
Forging or modifying the source IP address within the header of IP packets originating from your service. e.g. Spoofing
RoseNode.com computer systems are for authorized users only. All activity is logged and regularly checked by systems personel. Individuals using this system without authority or in excess of their authority are subject to having all their services revoked. Any illegal services run by user or attempts to take down RoseNode.com server or its services will be reported to local law enforcement, and said user will be punished to the full extent of the law.
As RoseNode.com Hosting does not provide unlimited hosting, and thus we do not oversell on harddrive space, You may use your RoseNode.com file space to store non website related files within the limits of the law of the United States of America and the State of Texas.
You may not use your file space to store Smut, Porn, MP3’s. Non website related files refers to files stored that are not required to properly run your website.
This Agreement may be terminated if your website content contains: Material which encourages the commission of a crime; or which tends to incite violence; or which tends to degrade any person or group based on sex, nationality, religion, race, age, marital status, sexual orientation, disability or political affiliation. Violation of indecency and obscenity laws may result in criminal penalties. Examples of Non-Acceptable Contents or Links are; Pirated software, Hacking programs or archives, Warez Sites, Illegal MP3’s, Spamming Software, Vip Poster, Hyip, Proxys
You may not use your personal or business shared web hosting space or semi dedicated hosting space to host clients with. Clients will need their own personal or business hosting account for this. You may host clients on the Reseller, Dedicated, and VPS plans
ChargeBacks & Fraud
MesaHost utilizes FraudRecord.com to screen new orders for previous fraudulent activity and report existing clients who violate our Terms of Service or perform fradulent chargebacks. In case of a violation, you may be reported to FraudRecord for misbehaviour using non-identifiable anonymous information. Please see fraudrecord.com for more information.
Background Running Programs
RoseNode.com does not allow background-running programs on the shared hosting accounts. This includes any IRC related software such as bouncers and bots, Torrent, and Proxies. . In certain cases we may allow programs to run continually in the background, these are considered on a one to one basis and an extra charge may be incurred based on system resources used and operational maintenance needed. You will need to contact support@RoseNode.com for further information regarding this issue. If you need continuous running programs Please consider a VPS or Dedicated server VPS and Dedicated servers are available for continually running background programs and services.
Banned Scripts
Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, php/java/cgi chat scripts, and banner exchanges. In the event a script affects normal server and/or administrative operations, RoseNode.com reserves the right to disable the account or script pending client cooperation and resolution. No Proxie Scripts. No Torrent Trackers.
Spam or Unsolicited E-Mail Will Not Be Tolerated!
Not only does spam interfere with your account, it affects every one on the network! You must not use the RoseNode.com Network, RoseNode.com equipment or any RoseNode.com email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the RoseNode.com Network, RoseNode.com equipment or any RoseNode.com email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one’s email address accessible to the public will not constitute a request or invitation to receive messages.
Forging, altering or removing electronic mail headers is prohibited. You may not send numerous copies of the same or substantially similar message, nor may you send very large messages or files to a recipient, with the intent to disrupt a server or tarnish the reputation of RoseNode.com and it’s service. You may not use electronic mail to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving email, you must not send that person any further messages. You may not forward or otherwise propagate chain letters, whether or not such messages solicit money or other items of value, and whether or not the recipient wishes to receive such mailings.
RoseNode.com accounts may not be used to collect replies to messages sent from another Internet service provider if those messages violate this Terms of Service Agreement or the acceptable use policy of the other service provider.
If you are found to have spammed, RoseNode.com reserves the right to disable your domain and account without warning. In addition, RoseNode.com may impose a $100 penalty for each spam policy violation. RoseNode.com solely reserves the right to refuse or cancel service to known spammers. Lastly, RoseNode.com reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.
Indemnification
Member agrees that it shall defend, indemnify, save and hold RoseNode.com (or it’s employee’s/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against RoseNode.com, its agents, it’s Members, 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 it’s Members, customers, it’s agents, employees or assigns. Member agrees to defend, indemnify and hold harmless RoseNode.com against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with RoseNode.com service; (2) any material supplied by member or customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.
Conditions of Use, Notices, and Revisions
If you choose to visit RoseNode.com, your visit and any dispute over privacy is subject to this Notice and our Conditions of Use, including limitations on damages, arbitration of disputes, and application of the law of the State of Georgia and the United States of America.
Late Payment
Memberships are on an automatic monthly billing cycle. Depending on your choice for funding your membership, your credit card or bank account will be debited each month on your billing date. Memberships not paid will be automatically suspended. RoseNode.com reserves the right to require a $15.00 late fee for the reactivation of accounts suspended for nonpayment.
Refund and Cancellation Policy
Please see our refund policy page listed at the footer of this site.
Reselling
Reselling of services is allowed only on our reseller, vps, and dedicated packages. Shared hosting accounts found to be reselling addon domains or otherwise will be terminated without refund. Backups
Data stored in your user account on a RoseNode.com account is not owned by RoseNode.com ; therefore Data preservation is the ultimate responsibility of you, the client. RoseNode.com is in no way responsible for the client’s data and or the backup of that data. However, a backup of the previous backup data can be restored for an account at the agreed upon price by contacting RoseNode.com. We charge $35 to retrieve backup data. We may have user content further back than requested. You will need to contact support for assistance. RoseNode.com always “advises clients to back up” their site data regularly for its own protection. Our backups are generally executed once a week and only apply to the shared hosting servers. VPS and Dedicated are not automatically backup’d by RoseNode.com. We have FTP only plans on custom backup servers available for backups for clients to utilize for backups. RoseNode.com provides no guarantee on backups. cPanel and DirectAdmin provide built in FTP backup solutions for backing up your data.
Shared Server Limits
20% cpu and or memory for 2.5 minutes.
300 email limit per domain per hour.
50 concurrent database connections at one time.
Apache threads to be open no longer then 888 seconds.
Php upload limit of 15 megs.
Max php session time of 300 seconds or less.
Limits are subject to change at anytime.
Limits may be subject to modification (increases), Please contact support.
We do not support mass mailers! Please use a third party service focused on email marketing!
Contents
RoseNode.com provides storage space and access for websites through its Web services. Through this Agreement, you understand that RoseNode.com may periodically monitor the contents of your websites. You are solely responsible for any information contained on your website. However, if complaints are received regarding language, content or graphics contained on your website, or RoseNode.com determines the content is in violation of this Agreement, RoseNode.com may, at its sole discretion, remove the website hosted by RoseNode.com and terminate your Web service and/or Membership. You agree to promptly reimburse RoseNode.com for any reasonable expenses it incurs (including attorney’s fees) in defending itself from third party claims relating to any of the content (whether created by you, your customers or your users) contained on your website.
All services provided by RoseNode.com may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless RoseNode.com from any claims resulting from the use of the service which damages the subscriber or any other party.
Our business changes constantly. This Notice and the Conditions of Use will change also, and use of information that we gather now is subject to the Privacy Notice in effect at the time of use. We may e-mail periodic reminders of our notices and conditions, but you should check our Web site frequently to see recent changes.
Information You Give Us
You provide most such information when you search, buy, bid, post, participate in a contest or questionnaire, or communicate with customer service. For example, you provide information when you search for a product; make an order or an Auction bid; provide information in Your Account (and you might have more than one account with us; communicate with us by phone, e-mail, or otherwise; complete a questionnaire or a contest entry form; by providing employer, school, or other such information; participate in Discussion Boards; provide and rate Reviews. As a result of those actions, you might supply us with such information as your name, address, and phone number; people to whom purchases have been shipped, including address and phone number; other people; content of reviews and e-mails to us; and financial information, including Social Security and drivers license numbers. Automatic Information Examples; of the information we collect and analyze include the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; computer and connection information such as browser type and version, operating system, and platform; purchase history; the full Uniform Resource Locators (URL) clickstream to, through, and from our Web site, including date and time; cookie number; and products you viewed or searched for.
A. THE SERVICE(S) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND RoseNode.com MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND CONCERNING THE SERVICE(S), SOFTWARE OR EQUIPMENT OR ANY RESULTS TO BE ACHIEVED THROUGH USE OF THE SERVICE(S), SOFTWARE OR EQUIPMENT. RoseNode.com DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTIBILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ALL IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. USE OF ANY INFORMATION OBTAINED THROUGH THE USE OF ENZU’S NETWORK IS AT CUSTOMER’S OWN RISK. RoseNode.comSPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY OR QUALITY OF INFORMATION OBTAINED THROUGH ITS SERVICE(S). B. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF ANY SERVICE OUTAGE, INTERRUPTION OR DEFICIENCY OF SERVICE(S) OR FAILURE BY RoseNode.com TO MEET THE TERMS OF AN APPLICABLE SLA, SHALL BE THE REMEDIES PROVIDED IN THE SLA; PROVIDED THAT ANY REMEDIES OR CREDITS CONTAINED IN THE SLA ARE NOT AVAILABLE FOR OUTAGES, INTERRUPTIONS OR DEFICIENCIES OCCURRING DURING ANY PERIOD IN WHICH CUSTOMER’S ACCOUNT HAS A PAST DUE BALANCE OR THE CUSTOMER IS OTHERWISE IN BREACH OF THE AGREEMENT. RoseNode.com , ITS SERVICE PROVIDERS AND SUPPLIERS DISCLAIM ANY AND ALL OTHER LIABILITIES OR REMEDIES FOR SUCH OUTAGES, INTERRUPTIONS OR DEFICIENCIES OF SERVICE. C. RoseNode.com DOES NOT AND CANNOT CONTROL THE PERFORMANCE OF ANY DATA, PRODUCTS, OR SERVICE(S) CONTROLLED BY THIRD PARTIES. AT TIMES ACTION OR INACTION BY THIRD PARTIES CAN IMPAIR OR DISRUPT RoseNode.com SERVICE(S). RoseNode.com MAKES NO REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING THE DATA, PRODUCTS, OR SERVICE(S) CONTROLLED BY ANY THIRD PARTY, INCLUDING THE PROVIDERS OF TELECOMMUNICATIONS OR NETWORK PRODUCTS OR SERVICES. SUCH DATA, PRODUCTS, AND SERVICES ARE NOT PROMISED TO BE FREE OF ERROR OR INTERRUPTION, AND RoseNode.com, ITS SERVICE PROVIDERS AND SUPPLIERS EXPRESSLY DISCLAIMS ALL LIABILITIES ARISING FROM ANY SUCH ERROR, INTERRUPTION, OR OTHER FAILURE. CUSTOMER ACKNOWLEDGES THAT AN INTERRUPTION IN SERVICE(S) DUE TO CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF RoseNode.com, SUCH AS A FAILURE OF TELECOMMUNICATIONS OR NETWORK SYSTEMS NOT CONTROLLED BY RoseNode.com, SHALL NOT BE CONSIDERED A SERVICE OUTAGE OR SERVICE DEFICIENCY FOR PURPOSES OF ANY REMEDY PROVIDED IN AN APPLICABLE SLA.
Illegal Use
RoseNode.com services may not be used for illegal purposes, or in support of illegal activities. RoseNode.com reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
Threats, Harassment, and Collection of Personal Data
RoseNode.com services may not be used to transmit or originate any material that harasses or threatens, encourages bodily harm, or destruction of property. Use of the RoseNode.com service to collect, or attempt to collect, personal information about third parties without their knowledge or consent is prohibited.
Forgery, Impersonation, and Fraud
Adding, removing, or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. Use of the RoseNode.com service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes” and “chain letters” is prohibited.
Network Disruptions, Unauthorized Access, and Malicious Software
Use of the RoseNode.com service for any activity which affects the ability of other people or systems to use RoseNode.com Services or the Internet is prohibited. This includes “Denial of Service” (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member’s responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inacceptable actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inacceptable manner. Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account termination. RoseNode.com will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
Use of the RoseNode.com service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of RoseNode.com or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending RoseNode.com account is subject to immediate termination.
Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right
The use of services provided by RoseNode.com to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software is prohibited.
Usenet Spaming
RoseNode.com has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are acceptable under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
Unsolicited e-mail and e-mail Misuse
Use of the services of RoseNode.com to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type may result in the immediate termination of the offending customer’s account without warning or reimbursement.
Legitimate uses of bulk email in a manner consistent with United States law may be permitted at the sole discretion of RoseNode.com. RoseNode.com’s abuse resolution policy is to serve all abuse complaints via our ticket system at https://www.RoseNode.com.com/contact and assure that they are handled professionally. Accounts generating complaints from recognized blacklist databases will incur a one-time administrative fee of $35 per complaint and are expected to resolve these issues themselves. In the event of a Spamhaus or Outblaze blacklist listing, an additional $350 administrative fee will be issued along with immediate termination. Should a contract be involved, the client must immediately pay the remainder of the balance owed between the current date and the end of the term per the original agreement.
Malicious intent to impede another person’s use of electronic mail services or news will result in the immediate termination of the offending RoseNode.com account. Forging any message header, in part or whole, of any electronic transmission, originating or passing through the RoseNode.com service is in violation of this AUP.
Bulk Email
Use of RoseNode.com services for the orgination, relay, or support of bulk email is prohibited. Customers are permitted to send transactional emails and use the service for individual email accounts, but the service may not be used for sending commercial email, even if the customer has opted in to such emails. Sending marketing email in any sort of automated fashion is specifically prohibited.
“SEO IPs” Appropriate Use
RoseNode.com makes available, for an additional fee, “SEO” IPs. SEO IPs are normal IPs that have been assigned from a variety of /24 net blocks (colloquially called “class c” blocks.) These IPs are provided exclusively for hosting SSL-enabled web sites. All other technical uses are prohibited, including but not limited to: email, VPN, proxy, SSH tunnelling, GRE tunnelling, filesharing, TOR, and IRC. RoseNode.com has a zero-tolerance policy on abuse on these IPs and any abuse whatsoever will result in immediate termination without refund. Please secure your VPS adequately.
Pornographic Material
Adult content is NOT allowed.
Third Party Accountability
RoseNode.com subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.
Use of Servers for Bandwidth Intensive Purposes
Using the server plans to host a content delivery network or content distribution network is not permitted without prior authorization. Using server plans to host applications that produce artificially high bandwidth usage patterns (including, but not limited to software such as SETI@Home and Folding@Home, digital currency mining, and public software mirrors is prohibited without the prior consent of RoseNode.com. Please contact sales (at) RoseNode.com (dot) com before signing up. Failure to contact RoseNode.com may result in your server being rate-limited or turned off.
You agree, at your own expense, to indemnify, defend and hold harmless RoseNode.com, its affiliates, officers, directors, employees, consultants, agents, suppliers and licensor’s from and against any and all third party claims, liability, damages, losses and/or costs (including but not limited to reasonable attorneys fees) arising from or relating to: Your failure to comply with these terms of use; Your infringement or violation of any intellectual property or other right of a third party; Your violation of any applicable law.
Anyone using RoseNode.com systems and services consents to these terms.