Terms of Service / Acceptable use Policy
Access to the Internet through the Regal Hosting is a privilege, not a right, and carries with it certain responsibilities and duties. Our goal in establishing this Acceptable Use Policy (AUP) is to protect both our users and the larger Internet community from the consequences of irresponsible use of Regal Hosting accounts and resources. Regal Hosting AUP chiefly prohibits
•acts that are illegal,
All customers, clients, and users of the Regal Hosting are required to comply with this Policy. All violations of the Acceptable Use Policy will be reviewed for appropriate action that could include termination of access. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
•Adult content is not allowed. This includes, but is not limited
to, pornographic images, text, and sound files.
Use of the Regal Hosting's service 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. Clients accept that they will not use their accounts illegally. Reports to Regal Hosting about misuse of our services will lead into an investigation, furthermore we will suspend the clients account and any user in violation of our TOS will not receive a refund on their account.
We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service. In general, you may NOT use your Regal Hosting account:
•In a manner which violates any law, regulation, treaty or tariff;
The Regal Hosting reserves sole discretion to determine whether any use of the service is a violation of this policy.
The billing cycle runs from the date you bought the account, to the same day the following year/month. Charges for usage by customer beyond the base amount of usage contained in customer's service plan shall be billed the following month along with base charges for the coming month. Volume discounts for bulk purchases of monthly connectivity services remain in effect for the total length of the term, otherwise, full fees will apply. Payment is due by the first of the month or upon receipt of any invoice. Refunds will be given at the discretion of the Company Management
Refunds will not be prorated. If your account exceeds the 15 days, and you have cancelled your service you will not be eligible to receive a refund.
Regal Hosting may terminate any account with no refund to customer in the event of customer's breach of any of the terms or conditions contained herein. Delinquent accounts are those that remain unpaid at the beginning of the next accounting cycle, and are subject to a 2% per month service charge (24 % per annum). Accounts that are delinquent for two accounting cycles are put on "accounting hold" their files archived and access denied. . Regal Hosting accounts continue to accrue charges while they are on hold. Accounts that are unpaid for three accounting cycles have their files purged There is a service reconnection charge equal to one half the currently charged set-up fee, or ten dollars, whichever is greater, to remove accounts from accounting hold status. The account holder acknowledges responsibility for the account until payment in full is made. There is a $20.00 service charge for each returned check. An automatic reminder has been programmed into your account to notify you when your account is about to expire.
Cancellation requests for Regal Hosting accounts must be received in writing via fax, or postal service at Regal Hosting main office one month prior to the next billing cycle. The inherent difficulties in verifying the authorship of email makes it un-satisfactory for transmitting account cancellations. Cancellation requests take affect immediately, Refunds are at the sole discretion of Management.
Regal Hosting accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account. You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time on shared resources. You may not use resource-intensive programs that negatively impact other customers or the performance of Regal Hosting systems or networks. Regal Hosting reserves the right to terminate or limit such activities.
ALL SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THESE SERVICES OR ANY INFORMATION OR SOFTWARE PROVIDED THEREBY. Regal Hosting is not responsible for Customer's files residing on the Regal Hosting. Customer is responsible for independent backup of all such data at a site determined by customer. Regal Hosting cannot and does not exercise any control whatsoever over the information passing through its network or through the Internet. Regal Hosting is in no way responsible for any data loss or damage arising from viral infection from the Internet. Regal Hosting and/or contributors shall have no liability whatsoever to you for any claim(s) relating in any way to: your inability or failure to perform research or related work or to work properly or completely, or any lost profits or consequential, exemplary, incidental, indirect or special damages relating in whole or in part to your rights hereunder or use of, or inability to use, Regal Hosting Internet Services. Regal Hosting will not be responsible for any damage suffered by you, including, but not limited to, loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence or your errors or omissions. Use of any information obtained via Regal Hosting Internet Services is at your sole risk. Regal Hosting specifically disclaims any responsibility for the accuracy or quality of information obtained through Regal Hosting's Internet Services. As a user you are warned that some Internet sites accessible via the Regal Hosting allows posting, retrieval, and/or electronic mailing of materials that may be considered obscene or objectionable. Regal Hosting is not responsible for inadvertent or deliberate access to such material and cannot prevent access of such material. It is recommended that each customer closely monitor use of his/her account especially in the case of potential use or misuse by minor children. Accounts for minor children must be opened by a parent or legal guardian with their explicit consent. Regal Hosting network services may be used only for lawful purposes. Transmittal of any material in violation of any international, federal or state regulation is prohibited. This includes, but is not limited to: copyrighted materials, material legally judged to be threatening or obscene, or material protected by trade secret or software protected by copyright. You agree to indemnify and hold harmless Regal Hosting from any claims resulting from your use of the service that damages you or another party. Any access to other networks through the Regal Hosting’s Network must comply with the rules appropriate for the other network. Violation of the rules of other networks is grounds for account cancellation. This includes, but is not limited to, mass Usenet posting, Usenet cross-posting, mass emailing, and/or the sending of unsolicited email, commercial or otherwise. Regal Hosting and its affiliates shall not be liable under any legal theory (including tort or contract) for any direct, indirect, incidental, special or consequential damages in any way related to the product or services provided. Under no circumstances and under no legal theory, tort, contract, or otherwise, shall Regal Hosting be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work-stoppage, computer failure or malfunction, or any and all other commercial damages or losses, or for any damages even if Regal Hosting has been informed of the possibility of such damages, or for any claim by any other party.
Regal Hosting reserves the right to change its services without notice including but not limited to access procedures, hours of operation, menu structures, commands, documentation, and services offered. Notice of modifications to this Acceptable Use Policy will be posted to this Regal Hosting Web page. Customers are encouraged to review the current Acceptable Use Policy on a regular basis. Customer's use of Regal Hosting network after such notice shall constitute Customer acceptance of such modifications. Customer understands that Regal Hosting services may be interrupted for several reasons, including but not limited to malfunctions, maintenance, and improvement or as required to protect network resources in the event of malfunctions or misuse. Customer understands that it may not receive advance notification of any such interruption of service. There will be no refunds for scheduled or unscheduled service interruptions of less than 24 hours duration.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Regalhosting.ca cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because Regalhosting.ca cannot monitor or censor the Internet, and will not attempt to do so, Regalhosting.ca cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.
When subscribers disseminate information through the Internet, they also must keep in mind that Regalhosting.ca does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Regalhosting.ca's network and may reach a large number of people, including both subscribers and non subscribers of Regalhosting.ca, subscribers' postings to the Internet may affect other subscribers and may harm Regalhosting.ca's goodwill, business reputation, and operations. For these reasons, subscribers violate Regalhosting.ca policy and the customer agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
1: knowingly interfere with the lawful use by others of any Service;
2: modify, reverse engineer or, decompile, disassemble, or create derivative works based on software provided by Regalhosting.ca or any Regalhosting.ca service provider or supplier unless expressly permitted;
3: use the Regalhosting.ca name, logo or trademark in any promotional materials, contracts, bills, or similar names or documents, or in association with the Customer's products or services without the express written authorization of Regalhosting.ca;
4: use the Services to invade the privacy of third parties, impersonate Regalhosting.ca personnel or other Regalhosting.ca customers or tend to damage the name or reputation of Regalhosting.ca, its affiliates or agents;
5: solicit Regalhosting.ca customers to patronize competing services;
6: Intentional Harm -- cause or intentionally damage Regalhosting.ca systems or other networks through Regalhosting.ca systems or use any process, program, or tool via the Services for the purposes of guessing, deriving or in any other way attempting to obtain the passwords of Regalhosting.ca, its service providers or customers of Regalhosting.ca or any other service provider;
7: Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward Regalhosting.ca, but also because it can overload Regalhosting.ca's network and disrupt service to Regalhosting.ca subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Regalhosting.ca has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.
8: Hacking -- use the Services to engage in the practice of hacking or any other unauthorized attempt to access or otherwise gain entry to the filter systems or network of Regalhosting.ca, its customers, service providers or any other third party;
9: Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Regalhosting.ca is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Regalhosting.ca's policy to terminate the privileges of customers who commit repeat violations of copyright laws.
10: Obscene Speech or Materials -- Using Regalhosting.ca's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Regalhosting.ca is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Regalhosting.ca's network.
11: Defamatory or Abusive Language -- Using Regalhosting.ca's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
12: Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
13: Illegal or Unauthorized Access to Other Computers or Networks -- Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity). This specifically includes any attempt to violate or tamper with the security of any computer, equipment or program belonging to Regalhosting.ca or any other service provider participating with or connected to Regalhosting.ca Services;
14: Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
15: Facilitating a Violation of this AUP -- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.
16: Usenet Groups -- Regalhosting.ca reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
17: Other Illegal Activities -- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
18: Other Activities -- Engaging in activities, whether lawful or unlawful, that Regalhosting.ca determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. Regalhosting.ca will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Regalhosting.ca policy or applicable law. When Regalhosting.ca becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.
Regalhosting.ca will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. Regalhosting.ca may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Regalhosting.ca may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Regalhosting.ca assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Regalhosting.ca may disclose subscriber information or information transmitted over its network where necessary to protect Regalhosting.ca and others from harm, or where such disclosure is necessary to the proper operation of the system.