Hosting Terms Of Service
Terms & Conditions Agreement
Effective as of the January 4th, 2022 Last edited as of February 23rd, 2023
Terms Of Service
This terms of service is an agreement between you, the customer (including you, agents, and representatives of you), which may be referred to as "you", "your", "customer", and "user". RAMPAGE Interactive, RAMPAGE Websites, RAMPAGE Servers, RAMPAGE Cloud, RAMPAGE Host, RAMPAGE Ad which may be referred to as "we", "us", "our", "RAMPAGE", "rampage.host", or "rampagecloud.com". This agreement covers services offered by RAMPAGE. While using RAMPAGE Services you agree to RAMPAGE Cloud Terms & Policies, as well agree to RAMPAGE Group's additional Terms & Policies.
Changes
RAMPAGECloud reserves the right, at its sole discretion, to modify this document in any way deemed fit without any notice given to the client. It is the responsibility of the client to inform themselves of any modifications to this document.
Continued usage of the services after a modification to this document implies that the client accepts the updated changes to this document.
Accounts
RAMPAGECloud, in accordance with our privacy policy, outlines the following requirements for our valid account holders:
We as RAMPAGECloud reserve the full right, at our sole discretion, to terminate your account without notice for any reason we deem fit, which includes but is not limited to:
Terms of Service Violation
Illegal activity performed on our services
Activities deemed dangerous to our company
The account owner should be in legal possession of the email address provided on the account registration. Fraudulent information provided will trigger clause (a) seen above.
The security of your account is your own responsibility; as such, any breach will be regarded as your responsibility.
The sharing of accounts with other individuals is prohibited to the fullest; this includes but is not limited to third-party sales, sale of an account, transfer of accounts, and or transfer of company accounts.
Your account will be the only guaranteed means of communication with RAMPAGECloud, and as such your personal information must be correct, in the event such is not referred to clause (a) above.
Payments
RAMPAGECloud uses PayPal as its payment gateway. As such, information shared with the payment gateway will be made available to RAMPAGECloud in accordance with the privacy policy.
To activate any services on RAMPAGECloud, the payment must first be made and verified.
Invoices and or services will be suspended after 48 hours if no payment can be made or verified. Any invoices and or services not paid after five days will result in termination.
RAMPAGECloud will handle any disputes authorized by a third-party legal team and as such, any fraud and unauthorized disputes will be reported to the authorities.
Your account security is your own responsibility; as such, any breach will be regarded as your responsibility.
Fraud
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. RAMPAGECloud may report any such misuse or fraudulent use, as determined in RAMPAGECloud's sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions, and/or credit card companies.
Domain Payments
Domain renewal notices are provided as a courtesy reminder and RAMPAGECloud is not responsible for a failure to renew a domain or a failure to notify a customer about a domain's renewal. Domain renewals are billed and renewed thirty (30) days before the renewal date.
Late Payment
All invoices must be paid within seven (7) days of the invoice due date. Any invoice that is outstanding for more than seven (7) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, RAMPAGECloud may suspend or terminate your account and pursue the collection costs incurred by RAMPAGECloud, including without limitation, any arbitration and legal fees, and reasonable attorneys' fees. RAMPAGECloud will not activate new orders or activate new packages for customers who have an outstanding balance on their accounts.
Multi-Accounting
Users may not jump to multiple accounts to abuse "new customer" discounts. Users in violation of this policy will have both accounts suspended until all outstanding invoices are satisfied. Users who abuse our discount system are subject to termination without a refund.
Refunds and Cancellation
We fully understand that you may not be satisfied with our services or realize you no longer need them. Therefore, we offer refunds and cancellations on the following conditions.
All services include a 7-day timeframe where refunds can be provided when valid reasons are provided. The 7-day timeframe does not include payments that are for service renewals, as such, refunds are only possible in the 7-days after the initial purchase.
Any deposit made directly to your client account for account credit is non-refundable.
To cancel active services (after 7 days) this can be done in the client portal under "active services".
Foreign Currencies
Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and RAMPAGECloud is not responsible for any change in exchange rates between the time of payment and the time of refund.
Ownership
Using our services does not give you ownership of any intellectual property rights of our services and or products purchased and or viewed. You may not use content from our services unless you obtain permission from its managerial team or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our services.
Do not remove, obscure, or alter any legal notices displayed in or along with our services RAMPAGECloud reserves the right, at its sole discretion, to modify or replace any part of this agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. The Operator may also, in the future, offer new services and features through the Site (including, the release of new tools and resources).
Code Of Conduct
Users of our platform must acknowledge that all content posted by them falls entirely under their responsibility. To maintain a clean community, we ask you to abide by the following rules. Your account will be suspended for the violation of those rules and membership on RAMPAGE-related sites will be prohibited for the duration of the placed suspension by the RAMPAGE site administration. By using our platform, you agree to not use our platform to perform any of the following actions:
Impersonate other members, staff members, legal agents, or other types of people and entities that are not you or you do not represent.
Upload copyrighted content that you do not have legal authorization to use. This includes, but is not limited to images. When you believe your copyright has been infringed by any user, please refer to our DMCA submission page, for RAMPAGE Cloud takedowns please go to abuse.rampage.host.
Send invalid requests, spam, or otherwise disrupt the service. When you believe to have found a vulnerability or a bug, please contact us.
Spam forum posts, forum replies, chat messages, or wall posts on any section of the platform.
Search for a date on the platform. The platform is not a dating platform.
Transmit sexually suggestive content of any kind (images, text, ASCII art, etc.).
Giving out or transmitting personal information of any kind, including email, full name, password, home or other address, telephone number, social security, passport or national identity number, real-life, personal, or family photos (these are not permitted for upload) and other personally identifiable information.
Harassment and Cyberbullying will NOT be tolerated on the platform.
Discriminatory Speech or Actions are strictly not allowed on the platform, including based on, race or ethnic origin, national origin, religion or religious affiliation, disability or disease, gender, gender identity, sexual orientation, age, or veteran status. Exception for your own website/game server.
We will block inappropriate content including products with red armbands, Nazi Swastikas, Confederate flags, and Ugandan Knuckles memes. Exception of your website/game server.
Scamming, Fraud, Laundering, or committing Federal or Local Laws are strictly NOT tolerated on the platform. Your billing information & IP will be forwarded to the proper law enforcement agency upon breaking any Federal and/or Local Law with the suspension of any and all accounts on our platforms with NO refunds.
RAMPAGE Interactive reserves the right to remove any content from our platform, including but not limited to your account for any reason at any time. In addition to that, we also reserve the right to preserve deleted content or information required for law enforcement or to otherwise comply with the Terms of Service.
Edibility and Availability
To order any of our services, the account holder needs to be above the age of 18. RAMPAGECloud assumes all account holders are above the required period or have parental/guardian permission, and the liability will fall upon the consent, of necessary holders.
We make reasonable efforts to ensure all our services are operating at full capacity and effectiveness and at all times, as such in the event services are unavailable we will notify any stakeholders such as clients, users, and so forth via various communication means.
No refunds will be provided for the outage, nor do we ensure a continuous operation is guaranteed. However, compensation may be provided at the discretion of RAMPAGECloud.
Usage and Legal Obligations
Services may only be used for the intended purpose and as such no illegal activities may be operated on our services and or by our services.
No cracked/illegal/unowned third-party software may be installed on any of our services.
You may not bypass the set limitations of our services.
You may not exceed your required usage and be following the general practice of acceptable use.
Your usage must be reasonable and not place excessive burdens on hardware or available resources, as such no additional support will be provided, but new services must be ordered.
You acknowledge that the Services and any Material may not be used for data warehousings such as (but not limited to) storage of backup or archival data, mirror sites, or personal multimedia content such as movies, music, photos, or other media. VPS hosting products are exempt from rule 6(f) due to clear limitations being provided to the Client.
We monitor the use of the Products or Services and, if we consider that, for example, your use of our products (for example, your mailboxes space, disk space usage or CPU) is excessive, we reserve the right to contact you in such events.
Our legal obligation includes but is not limited to, monitoring the usage of clients/users.
Our legal obligation includes but is not limited to the liability and or negligence of the client and our involvement.
Our legal obligation includes but is not limited to termination of services in the event terms are violated.
All services are still subjected to software limitations and physical hardware limits.
We prohibited specific sites to be used on our services, sites promote any illegal activity, or present any sort of content that may be damaging RAMPAGE Cloud servers & others on the Internet. Such listed below are unacceptable content, activities, or links and will result in termination of service without refund:
Participating and or organizing a (D)DoS attack
Hosting a TOR relay and or TOR exit node
Unauthorized port scanning
Spoofing IP addresses
Cryptocurrency mining, Dedicated Servers have a $110 Fee for mining.
Controlling a botnet
Pirated software
Hacking software
Child pornography
E-Mail spamming
Warez sites
Notice any violation of these rules report it immediately to abuse.rampage.host
Liability
RAMPAGECloud will not be held liable for the actions of the client/user.
RAMPAGECloud will not be responsible for delays or failure in performance caused by acts of God, war, terrorism, strike, labor dispute, work stoppage, fire, an action of government, or any other cause, whether similar or dissimilar, beyond our control.
RAMPAGECloud is not responsible for any damages that occurred by the client.
RAMPAGECloud is not responsible for any negligence or illegal acts by the client.
Limitation of Liability
IN NO EVENT WILL RAMPAGE GROUP, RAMPAGE GROUP SUBSIDIARIES ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF RAMPAGE GROUP IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, RAMPAGE GROUP LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO RAMPAGE GROUP FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
Independent Contractor
RAMPAGE Group and its subsidiaries and User are independent contractors and nothing contained in this Agreement places RAMPAGE Group and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party or to obligate or bind the other party in any manner whatsoever.
Governing Law; Jurisdiction
Any dispute, relating in any way, to your access or use of our Services or this Agreement shall be submitted to confidential arbitration in Salem, OR. Arbitration under this Agreement shall be conducted pursuant to the applicable Consumer Rules (“Rules”) then prevailing at the American Arbitration Association. The arbitration shall be conducted in English by one (1) arbitrator as selected pursuant to the Rules; the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall be responsible for its own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. Where permitted by the Rules, both parties may make any and all appearances telephonically or electronically. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to, or connected with the use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. Notwithstanding the foregoing, either party may seek equitable relief to protect its interests (including but not limited to injunctive relief), in a court of appropriate jurisdiction, and issues of intellectual property ownership or infringement may be decided only by a court of appropriate jurisdiction and not by arbitration. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration or if this arbitration agreement is unenforceable, you agree that any actions and disputes shall be brought solely in a court of competent jurisdiction located within Salem, OR.
Opt-Out
You may opt out of this dispute resolution provision by notifying RAMPAGE Group within 30 days of the date on which you entered into this Agreement or purchased a subscription, whichever is earlier. You must do so by emailing our legal team at [email protected]. Arbitration Opt-Out, and you must include your name, address, account information, and a clear statement that you do not wish to resolve disputes with RAMPAGE Group through arbitration. Where you opt-out of arbitration, all disputes shall be heard in a court of competent jurisdiction located within Salem, OR.
Class Action Waiver
You and RAMPAGE Group agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis and waive all trials by jury. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
Disclaimer
RAMPAGE Group shall not be responsible for any damages your business may suffer. RAMPAGE Group makes no warranties of any kind, expressed or implied for the Services. RAMPAGE Group disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by RAMPAGE Group or our employees.
Backups and Data Loss
Your use of the Services is at your sole risk. RAMPAGE Group backup service runs once a night and overwrites any of our previous backups. Only one night of backups is kept at a time. This service is provided only to shared and reseller accounts as a courtesy and may be modified or terminated at any time at RAMPAGE Group's sole discretion. VPS no backups, Accounts larger than 20GB or 100,000 inodes WILL NOT be included in nightly backups, unless paid addon-service. RAMPAGE Group is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backups of files and data stored on RAMPAGE Group servers.
Limited Warranty
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE BASIS." EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, RAMPAGE GROUP AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. RAMPAGE GROUP AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. RAMPAGE GROUP AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARE NOT LIABLE AND EXPRESSLY DISCLAIM ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
Disclosure to Law Enforcement
RAMPAGE Group will disclose any and all user information that is collected to law enforcement agencies for the purposes of an investigation, request, or otherwise without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies Additionally, your information may be disclosed pursuant to our Privacy Policy
Electronic Notices
The communications between you and RAMPAGE Group use electronic means, whether you visit the Platform or send RAMPAGE Group e-mails, or whether RAMPAGE Group posts notices on the Platform or communications with you via mobile notifications or e-mail. For contractual purposes, you (1) consent to receive communications from RAMPAGE Group in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that RAMPAGE Group provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Indemnification
You agree to indemnify, defend and hold harmless RAMPAGE Group, our affiliates, and their respective officers, directors, employees, and agents (each an "Indemnified Party" and, collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
Uptime Guarantee
If your shared server has a physical downtime that falls short of the 90% uptime guarantee, you may credit on your account as permitted by us and at our discretion. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of RAMPAGE Group Executives and may be dependent upon the justification provided. Third-party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please visit rampage.host/ticket to create a support ticket to our Billing department with justification. Uptime guarantees only apply to shared and reseller solutions.
Coupons
Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.
Price Change
RAMPAGE Group reserves the right to change prices, the monthly payment amount, or any other charges at any time. We will provide you with at least thirty (30) days' notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by RAMPAGE Group through the user billing tool or through other methods of communication, including notices sent or posted by RAMPAGE Group.
Service limitations
All services are still subjected to software limitations and physical hardware limits.
If you encounter any system issues please contact us in our support system.
Server Abuse
Any attempt to undermine or cause harm to a server or customer that is on RAMPAGECloud is strictly prohibited. As our customer, you are responsible for all your accounts and actions. If you violate our Terms Of Service, your account will be canceled and terminated without a refund.
We reserve the right, and have absolute discretion, but not the obligation, to remove, screen or edit any content (including Material) that breaches this Agreement or is otherwise objectionable. Without prejudice to any other provision of this Agreement, we reserve the right to immediately remove any Material to which we object and/or if you are otherwise making inappropriate use of the Services contrary to the requirements of this Agreement.
Alternate Accounts
We strictly do not allow ALTERNATE ACCOUNTS from the same person. IP bans will be put into place if you use alternate accounts without permission from the site administration.
Commercial usage
You agree to not duplicate, copy, trade, resell, exploit or replicate any part of the platform. This includes the usability of our platform and the accessibility to our platform. You may be subject to prosecution if you infringe on our copyrighted material(s).
Service Terminations
We reserve the right to terminate your account or prohibit access to any part of our service whether temporarily or permanently for any reason at any given time. Also, we also reserve the right to restrict access to any feature of our platform for any reason whether permanently or temporarily at any time.
Modifications
The platform reserves the right to modify and/or discontinue any part of our service whether temporarily or permanently with or without prior notice. We shall not be held liable to you or any third party for any modification, suspension, and/or the discontinuance of the service and its features.
* The violation of the Terms of Service will result in the suspension of your account, to avoid any conflict we request that you comply with the Terms of Service.
* We reserve all rights to change this policy with or without notice at any time. It is recommended that you regularly review this policy to make sure you still agree with this policy.
HIPAA Disclaimer. We are not "HIPAA compliant.”
You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. RAMPAGE Group does not control or monitor the information or data you store on or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act ("HIPAA"). Customers requiring secure storage of "protected health information" as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to "protected health information" is a material violation of this Agreement, and grounds for immediate account termination. We do not sign "Business Associate Agreements" and you agree that RAMPAGE Group is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data.
Transfers
Your account is non-transferable and cannot be sold separately or in conjunction with the sale of an existing site or business without written permission from RAMPAGE GROUP.
Registrar Identification
Upon any inquiry, you must inform the inquirer that domains are the registrar on record for any domain names registered through your Reseller site. You may not do anything to give the impression to anyone that you are the registrar on record or an ICANN-approved registrar. You acknowledge and agree that you may not use the ICANN Accredited logo on any of your marketing materials or Reseller site.
Misrepresentations
You will not make or give any false or misleading representation, warranties, claims, or other promises about the price, quality, value, inclusion, deliverability, or availability of any of the Services beyond those contained in the terms and conditions. We reserve the right to suspend or cancel your account for non-compliance with these terms.
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