Last Updated: 08-April-2011

Terms of Service

The Terms of Service (TOS) are the rules and regulations that specify guidelines for using our services. Use of our services is subject to these terms. Please read them carefully and ensure that you understand and agree to all parts. Use of Rock & Willy's services implies agreement with these terms!

Any questions regarding this agreement should be sent to Rock & Willy's sales department prior to signing up for service.

Rock William Inc (hereinafter referred to as "Rock & Willy") provides website design and web hosting services to people all around the world. We have the responsibility to protect each client and provide them with the best service possible. The following guidelines were designed to ensure that our services remain of the utmost quality. Please read very carefully before ordering and/or using Rock & Willy services.

The Rock & Willy Service Agreement is a separate agreement between Rock & Willy and all customers. Please make sure you are in agreement with the following points and conditions, as well as our service agreement (in its entirety) before signing up for or using Rock & Willy's services. Contact our sales department for any clarifications.

Link: Service Agreement

The Rock & Willy Domain Registration Agreement is applicable for all domains registered by or transferred to Rock & Willy by a client. By registering or transferring a domain, client acknowledges their acceptance of the Domain Registration Agreement. Contact our sales department for any clarifications.

Link: Domain Registration Agreement

All services provided by Rock & Willy may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless Rock & Willy from any claims resulting from the use of the service which damages the subscriber or any other party.

 

Note: Pornography and sex-related merchandising are prohibited on any Rock & Willy server. This includes sites that may infer sexual content, or Link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Rock & Willy servers or any other server on the internet. Links to such materials are also prohibited. Contact our sales department for any clarifications.

• Pirated software
• Bulk Email related products
• Pornography/Nudity/Adult Content
• Hacking/cracking related websites
• Warez and/or copyrighted MP3s
• Material illegal under United States of America or Canadian law
• Sites containing or linking to material that may be considered detrimental to the public health, safety, or welfare. (Such as, but not limited to: Anarchists Cookbook, bomb making, weapon information, or anything else that may be considered detrimental or illegal.)

Rock & Willy will be the sole arbiter as to what constitutes a violation of this provision, and reserves the right to deactivate and remove any site at any time for any reason without refund!

Rock & Willy will respond to all reports of infringement that are formatted in accordance with the Digital Millennium Copyright Act and any other applicable copyright laws. Notices of infringement that do not comply with this act will not be processed. We will act in accordance with the DMCA when handling infringement reports. See copyright policy below for more information.

If Rock & Willy's system administration team determines that an account is utilizing an unacceptable amount of system resources, Rock & Willy may temporarily deactivate the account in question. If Rock & Willy's staff deems necessary, an eviction notice may be sent to the customer of an offending account providing them with ten (10) days in which to either upgrade to a dedicated server or locate a new provider. This only occurs in extreme cases; Rock & Willy will do all it can to assist customers prior to this scenario.

Rock & Willy will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analyzed individually.

Link: Resource Usage Policy

Rock & Willy performs nightly backups of servers; however, these backups are for Rock & Willy's administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. Rock & Willy does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on Rock & Willy's part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.

SPAMing, or the sending of unsolicited email, from a Rock & Willy server or using a return email address that is maintained on a Rock & Willy server is STRICTLY prohibited. Using SPAM to advertise a site hosted on Rock & Willy's network also constitutes as a violation of this provision. Rock & Willy will be the sole arbiter as to what constitutes a violation of this provision. Sites found to be in violation of our SPAM policies will be immediately deactivated and no refund will be issued.

 

For anyone intentionally spamming on our systems, we reserve the right to bill them at rate of $90/hour for any cleanup, research, and related work from their illegal activities.

 

Help us STOP SPAM! Please email our abuse department immediately to report a violation of our SPAM policies.

At Rock & Willy, we always treat our customers with the utmost respect. In return, we expect the same from you. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, customers will be given ten (10) days notice to find a new host. A pro-rated refund may be issued on a case-by-case basis.

Any attempts to undermine or cause harm to a Rock & Willy server or customer of Rock & Willy is strictly prohibited.

Rock & Willy will be the sole arbiter as to what constitutes a violation of this provision. Accounts found in violation of this provision will be subject to immediate account deactivation without refund. Rock & Willy will turn all available information about abuse incidents, including customer contact data, over to the proper authorities and press charges.

To cancel an account, submit your cancellation request to Billing via email. be sure to include the following information:

• Primary domain name on the account
• Answers to your two selected security questions
• Verification that you have downloaded a backup of all necessary files

The above information is required for the protection of all customers.

Outside of the Money Back Guarantee, refunds are not offered.

A 45 Day Money Back Guarantee applies to the following services only:

• $50/mo design, host, and update package

 

Note that the 45 day period ends exactly 45 days from the day on which account was originally activated (not the day the order was placed). This guarantee is VOID if your account violates our Terms of Service or Service Agreement. Setup fees are non-refundable. External services, such as but not limited to, dedicated IP addresses, installation charges, WHMCS licenses, etc., are non-refundable.

Failure to fully comply with these terms is grounds for account suspension and/or deactivation (with or without refund, subject to Rock & Willy's discretion). Any accounts and/or servers contained within Rock & Willy's network must adhere to the above policies.

 

We reserve the right to remove any account without prior notice. If we deactivate your account for violating policy, you will forfeit your rights to a refund--and none will be given. No refunds for advanced payment. Our normal policy is a warning first, and account deactivation the second offense, but no warning is required.

Rock & Willy reserves the right to deactivate and remove any site hosted on our servers that contains any content that it deems in its sole discretion to be unacceptable, undesirable or contraindicated.

 

Resource Usage Policy

In a shared hosting environment, a server's resources are what economists would call a common pool resource, meaning that although having plenty of available system resources benefits everyone, no single user has an incentive to ensure that they don't use too many resources themselves. In an effort to protect against the tragedy of the (server) commons, we have placed limits on the amount of a server's resources that any given user may consume. While these are limits, server abuse is not limited to these policies and is up to Rock & Willy's discretion what constitutes server abuse. Please note that these resource policies are applicable towards shared, reseller, and semi-dedicated hosting services.

Understand that these policies are in place to protect you, our customers, from poor service quality. Generally, if we need to impose a restriction on an account for resource abuse, that account is in violation of at least two of these policies (or one policy to a very serious degree) and is adversely affecting the other clients on their server. The large, large majority of sites, at least 99.5%, will never even have to take these limits into consideration. That being said, it's good to make yourself aware of them.

It is also important to note that many of these limits can be seen as "soft" limits. They are not actively enforced, and you can run up to or even over most of them without issue. If, however, you start to affect the overall performance of a server, we do need to have limits and policies in place. Without them it's incredibly hard to explain to the customer, in quantitative terms, exactly how a site is consuming too many system resources. If an account is found to be in violation of these Resource Usage Policies, we will do our best to work with clients to give 48 hours, 5 days, or 10 days notice depending on the severity of the violation. We reserve the right as outlined in the Terms of Service to suspend a site if it is causing a severe problem.

The use of Rock & Willy servers and networks to transmit unsolicited bulk/commercial email (also know as spam) is strictly forbidden. Under no circumstance is the transmission of spam acceptable or tolerated.

The transmission of spam from our servers and networks can cause irreparable monetary and reputation damage. All damages caused by spamming will be prosecuted to the fullest extent of the law.

Any client caught explicitly spamming from our servers or networks will have their account immediately terminated & without notice.

Backups
Rock & Willy's servers are not allowed be used as a backup/storage system and only one cPanel/SiteAdmin backup for that same account is allowed.

Reselling
Reselling is not allowed

Adult Content
Under no circumstance is adult content permitted on Rock & Willy's servers or networks. All adult oriented pictures, videos, links, written content and similar is strictly prohibited. Should you require hosting for adult oriented content, please contact a host who specializes in this hosting realm.

Chat Applications
All interactive chat web applications are strictly prohibited on Rock & Willy's servers. This includes but is not limited to chat applications written in PHP, Perl, CGI, Python, Ruby, etc. in addition to IRC or IRC bots. Any web application that provides 'real-time' chat is not permitted. Shoutboxes, chatboxes, live chat/live help (such as but not limited to LiveZilla) and other web based chat programs other than those specifically provided by Rock & Willy are prohibited.

Web Applications & Web Accessible Scripts
All web applications that are out of date and actively being exploited will be shut down immediately without notice. As a webmaster you should evaluate your web based applications and scripts on a regular basis to ensure they're secure and up to date.

Forums and any applications using a commenting system should have some form of spam protection or moderation. CAPTCHA is a popular way to eliminate spam robots from spamming your website.

General

• Search Engine Optimization (SEO) farms or similar are strictly forbidden on Rock & Willy's servers and networks. SEO farms create undue strain and resource abuse on any given server and affect all clients.
• Banner rotation services and link exchange networks are not permitted.
• Offering Image, File, Document and Data storage, and free hosting and email services are strictly prohibited.
• Off-site media storage is not permitted.
• Operating a public mirror site is not permitted.
• Running a proxy or anonymizer, whether publicly accessible or protected, is not permitted.
• Prime bank or bank debenture-related sites, lottery sites, muds or online RPGs, hate sites, hacker-related sites, sites promoting illegal activity, IP scanner or other hacking tools, mail bombing or spam scripts, or forums and websites that distribute or promote warez content are expressly forbidden.
• Bit torrent applications, trackers, and clients as well as any file-sharing/peer-to-peer activities are forbidden.
• The operation of gaming servers (such as but not limited to Counter-Strike, Half-Life, battlefield1492) are forbidden.
• Web spiders and indexers are not permitted.
• The abovementioned services / web content create undue system load on our servers and should only be run in a dedicated server environment. All violations will be shut down immediately and may result in account suspension and/or termination.

If you have a question on whether or not your content is in violation, please email our Abuse Departmentfor clarification.

Processes
Processes invoked by the web server, cron, shell or any other method should not exceed the following limitations:

• Consume more than 16 MB of RAM.
• Utilize in excess of 15 seconds of CPU time.
• Number of open files should not exceed 64.
• Create core dumps.
• Number of simultaneous processes should not exceed 5.
• Execute a script/binary that forks in a way to create a fork bomb.
• Programs may not run in the background or listen on a network port. If you require a bot, service or daemon, you should consider a dedicated server, as very few shared web hosts allow this type of program.

Database Restrictions

• All users are restricted to 15 concurrent MySQL connections.
• Each database is restricted to 2 GB of disk space.
• Database queries should not exceed 3,000 per hour.
• Database changes (insert/update/delete) should not exceed 1,000 queries per hour.
• Database servers should not be used as a hosted solution. Database access should only be used for the web site hosted by Rock & Willy.
• Remote database access is for administrative purposes only.

Files and Directories

• The total number of inodes in an account may not exceed 75,000. Every file (a webpage, image, email, php file, directory, etc.) on your account uses up one (1) inode. This is not something we actively enforce and it will only become an issue if a client is causing problems for other people on the server. We will of course notify you if this is the case with a full explanation.
• A directory can not contain more than 2,500 immediate child files. This includes subdirectories themselves, but does not include files contained within those directories.

Web

• Simultaneous Apache connections may not exceed 50 from one individual source at any given time.
• Web processes should not fork or spawn subprocesses.

Email and Mailing Lists

• Files in excess of 10 MB should not be sent via email.
• Processes should not send outbound mail to more than 25 recipients at any given time.
• The maximum number of members per mailing list is 1,500.
• POP connections are limited to 60 per hour.
• SMTP connections (outbound email connections) are limited to 500 per hour per server account.
• Mailing lists larger than 1,500 will require a semi dedicated, VPS, or dedicated server from us. Dividing one list into smaller parts to get around this limit is not allowed.
• Any mailing list over 900 emails is only allowed in off peak times such as Saturday and Sunday or from 1am to 8am ET during the week.
• Any mailing list must be throttled so that it sends an email every 6 seconds at the very minimum. If the mailing list software you are using doesn't support throttling you must use something else. We do this as this keeps the server load from going very high and causing problems for other users. If you don't do this you will be suspended.
• We do not allow you to send to a mailing list you were given or that you bought. This is spamming and we have zero tolerance for this.
• Any mailing list must comply with the rules set forth by the United States of America and can be found at: http://www.ftc.gov/bcp/edu/microsites/spam/.
• No Direct SMTP mailing system scripts are permitted. Mail should be relayed through the local MTA.

Cron Jobs

• All cron jobs must be 'niced' to 15 or greater (see the Unix manpage for "nice" for more information).
• A cron job should not execute more frequently than once every 15 minutes.

Shell

• Our servers should not be used as an SSH bounce point to other servers/networks.
• You may not use the Unix "find" command recursively on directories more than 5 levels deep.

On certain web hosting plans, Rock & Willy does not place limits on the amount of particular resources a single client may use. Rock & Willy makes every reasonable effort to provide clients with the disk space and bandwidth resources needed for their websites within the limitations of these Terms of Service. Rock & Willy monitors all servers via automated and non-automated methods to help ensure no single client adversely impacts other clients located on the same server.

Please note that hosting plans are for website hosting, and the storage of backups, file repositories, MP3s, videos, photo archives, and similar is strictly prohibited. Violators of this policy may have their accounts terminated without refund.

Failure to fully comply with these terms is grounds for account suspension and/or termination (with or without refund, subject to Rock & Willy's discretion). All accounts and/or servers contained within Rock & Willy's network must adhere to the above policies.

We reserve the right to remove any account without prior notice. If we terminate your account for violating policy, you will forfeit your rights to a refund--and none will be given. No refunds for advanced payment.

 

The examples listed herein are a guide and may not be an exhaustive list. If you have a question on whether or not your content is in violation, please email our Abuse Department for clarification.

 

Copyright Infringement Policy

Rock Willy requires DMCA notices to be filed via fax or letter. The complaint must include full contact information in the complaint (including phone number). We will call and verify. Email (unless digitally signed by a verified and trusted third party) is not an acceptable medium for legal complaints. This ticket system has received what appears to be a possible DMCA complaint, but one or more of the following are missing: (a) the complaint does not contain sufficient information (b) the format of the complaint is inconsistent with the requirements of the DMCA (c) the complaint has been submitted via email without proper authentication (d) full contact information is missing. We will need you to re-submit your claim, using the proper format, including sufficient details, via postal mail or fax. Instructions on how to do so follow.

 

It is our policy to respond to clear notices of alleged copyright infringement. This response describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as well.

 

To file a notice of infringement with us, you must provide a written communication that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

 

To expedite our ability to process your request, please use the following format (including section numbers):

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon (for example, "The copyrighted work at issue is the text that appears on http://www.Rock & Willy.com/tos.shtml") or other information sufficient to specify the copyrighted work being infringed (for example, "The copyrighted work at issue is ?Intellectual Property: Valuation, Exploitation, and Infringement Damages? by Gordon V. Smith, published by Wiley, ISBN #047168323X").
   
   
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above. You must identify each web page that allegedly contains infringing material. This requires you to provide the URL for each allegedly infringing result, document, or item. 
   An example:
   
   Infringing Web Pages:
   http://www.thewebsite.com/directory/
   http://www.thewebsite.com/something/blah.html
   
   
3. Provide information reasonably sufficient to permit us to contact you.
   
   
4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
   
   
5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
   
   
6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
   
   
7. Sign the paper.
   
   
8. If via postal mail, send the written communication to the following address: 
   Rock William Inc
   Attn: Abuse Department, DMCA Complaint
   Box 816
   Magrath, AB T0K 1J0
   Canada
   
   OR fax to:
   (888) 977-0524, Attn: Abuse Department, DMCA Complaint
   

Regardless of whether we may be liable for such infringement under local country law or United States law, we may respond to these notices by removing or disabling access to material claimed to infringe and/or terminating users of our services. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that the owner or administrator may make a counter notification.

We may also document notices of alleged infringement on which we act. As with all legal notices, a copy of the notice may be made available to the public and sent to one or more third parties who may make it available to the public.

 

In order to ensure that copyright owners do not wrongly insist on the removal of materials that actually do not infringe their copyrights, the safe harbor provisions require service providers to notify the subscribers if their materials have been removed and to provide them with an opportunity to send a written notice to the service provider stating that the material has been wrongly removed. [512(g)]

 

If a subscriber provides a proper "counter-notice" claiming that the material does not infringe copyrights, the service provider must then promptly notify the claiming party of the individual's objection. [512(g)(2)] If the copyright owner does not bring a lawsuit in district court within 14 days, the service provider is then required to restore the material to its location on its network. [512(g)(2)(C)]

 

If it is determined that the copyright holder misrepresented its claim regarding the infringing material, the copyright holder then becomes liable to the OSP for any damages that resulted from the improper removal of the material. [512(f)]