RAINCROSS TECHNOLOGIES WEB HOSTING TERMS OF SERVICE

Raincross Technologies agrees to provide you ("Client") with those services ("Service") described below. Raincross Technologies reserves the right to modify this agreement at any time. A current version of the terms of service is available at http://www.raincross-tech.com/tos.php anytime.

Services

Raincross Technologies provides custom website, database and email hosting services. Website hosting enables the Client’s website to be viewed via the internet using an internet browser. Email hosting enables email messages to be collected and viewed by the Client. Database hosting provides data storage and retrieval via a SQL database server.

Raincross Technologies reserves the right to suspend or cancel a client's access to any or all services provided by Raincross Technologies when Raincross Technologies decides that the account has been inappropriately used or otherwise.

Inappropriate Use

All services provided by Raincross Technologies may only be used for lawful purposes. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or local law is prohibited.

This includes, but is not limited to: copyrighted material, trademark, and intellectual property material we judge to be threatening or obscene. Also prohibited are sites that promote any illegal activity or present content that may be damaging to Raincross Technologies servers.

This also includes any use of the Service to propegate Spam, or Unsolicited Commercial Email as outlined later in this document.

Payment

All Services are set up on a prepay basis. Raincross Technologies reserves the right to change prices of accounts or services at any time. All invoices will be sent directly to clients via email or the United States Postal Service shortly after the hosting account has been requested and set-up and on a periodic basis from that point on.

Raincross Technologies reserves the right to cancel a clients account at any time, if it is found that the client contravened Raincross Technologies' terms of service. The client’s account will be terminated immediately, and a refund will not be provided. Clients may cancel their account at any time by email, Postal Service, or phone.

Credit cards that are declined for any reason may be subject to a $2.00 declination fee. Service will be interrupted on accounts that reach 30 days past due. Service interrupted for nonpayment is subject to a reconnect charge equal to one month’s hosting fees for that account. Accounts that are not collectable by Raincross Technologies may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

Indemnification

Client agrees to use all Raincross Technologies services and facilities at their own risk.

Client agrees that it shall defend, indemnify, save and hold Raincross Technologies harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Raincross Technologies, its agents, its clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product/service sold by client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Raincross Technologies against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Raincross Technologies' servers; (2) any material supplied by client infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products/services sold to client from Raincross Technologies' server.

Raincross Technologies wishes to emphasize that in agreeing to the TOS, The Customer indemnifies Raincross Technologies for any violation of the TOS that results in loss to Raincross Technologies or the bringing of any claim against Raincross Technologies by any third-party. This means that if Raincross Technologies is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Raincross Technologies, plus all costs and attorney's fees.

SPAM and Unsolicited Commercial Email (UCE)

Raincross Technologies is committed to an anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent over the Raincross Technologies network, by clients or any other users of the Raincross Technologies network (including clients' clients).

We reserve the right to terminate the services, without prior notice, of any client disregarding this policy. Sending unsolicited commercial email (Spam), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to a Raincross Technologies email address or URL is prohibited. The use of Raincross Technologies servers as a mail drop for responses to activities described above is also prohibited.

Your account usage is monitored. If you send out Spam or UCE, your account will be flagged and investigated immediately.

If you have any complaints or comments regarding Spam on our network, please email them to support@raincross-tech.com.

Backups/Data Loss

Raincross Technologies maintains periodic backups on roughly a weekly basis for all files, mail and database information. This period may change due to hardware/software problems, and Raincross Technologies in no way guarantees backup integrity. It is the client’s responsibility for backing up the data. The Client may request restoration of their data from the backup, but no guaruntee is made as to the availability or timelyness of the data being restored.

Account Cancellation

Requests for canceling accounts may be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to:

Raincross Technologies Attn: Cancellations
6185 Magnolia Ave #121
Riverside, CA 92506
Alternatively you may call 951-544-2337, fax to 760-418-8689 or email the request to support@raincross-tech.com.

Service Interruption

The Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Raincross Technologies and that damages resulting from any interruption of service are difficult to ascertain. Therefore, the Client agrees that Raincross Technologies shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. The Client further acknowledges that Raincross Technologies’ liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall Raincross Technologies be liable for any special or consequential damages, loss or injury.

Disclaimer

Raincross Technologies will not be responsible for any damages your business may suffer, be it direct, indirect or consequential. Raincross Technologies makes no warranties of any kind, expressed or implied for services we provide. Raincross Technologies disclaims any warranty or merchantability.

Raincross Technologies reserves the right to modify or otherwise amend the TOS at any time, without prior notification. A current version of the TOS is always available at http://www.raincross-tech.com/tos.php.