These Terms of Service ("Terms") are an agreement between you ("you", "Customer") and RareSRV ("RareSRV", "we", "us"). They apply when you visit raresrv.pro, create a client account, order or use any hosting, domain or related service (the "Services"). By ordering or using the Services you agree to these Terms together with our Privacy Policy, Fair Use Policy, Abuse Policy and Refund Policy, which form part of this agreement.
1. Eligibility and your account
You must be at least 18 years old, or the age of majority where you live, and able to form a binding contract. If you order for a business, you confirm you are authorized to bind it.
- Give accurate and current contact and billing information, and keep it updated.
- You are responsible for everything done under your account, including by your staff or your own clients.
- Keep your password and any two-step verification device or recovery codes safe. Tell us promptly if you suspect unauthorized access.
- One person or organization per account. Do not share logins in a way that hides who is responsible.
2. The Services
We provide web hosting and related services on shared servers and reseller infrastructure, as described on the plan you order. Plan features, limits and prices are shown when you order. We may improve, replace or retire features, and will give reasonable notice of changes that materially reduce a service you already pay for.
Shared resources
Shared and reseller plans use resources shared with other customers. Use must stay within the limits on your plan and our Fair Use Policy.
Reseller customers
If you resell hosting, you are the provider to your own clients. You are responsible for their use of the Services, for supporting them, and for making sure they follow these Terms and our policies. Violations by your clients count as violations by you.
3. Ordering and activation
Orders are reviewed. We may decline or cancel an order, for example where we suspect fraud, abuse or an error in pricing, and will refund any payment taken for an order we cancel. Hosting is set up after we receive payment of your first invoice. Setup times can vary.
4. Fees, billing and renewal
- Prices. Prices are in US dollars unless stated, and exclude taxes unless stated. Applicable taxes are added to your invoice.
- Billing cycle. Services are billed in advance for the cycle you choose (monthly or yearly) and renew for the same cycle until cancelled.
- Invoices. We issue invoices ahead of each renewal and send a notice by email. You are responsible for paying by the due date even if you do not receive a reminder.
- Automatic payments. If you choose automatic renewal, you authorize us and our payment provider to charge your saved payment method for each renewal until you turn it off in your client area.
- Price changes. We may change prices for future renewals. We will give you reasonable advance notice, and the new price applies from your next renewal after that notice.
- Plan changes. Upgrades, downgrades and cancellations requested in the client area take effect at the next renewal unless we tell you otherwise. We do not prorate unused time.
- Payment methods. See Payment Methods. Card details are handled by our payment providers, not stored by us.
5. Late or failed payment
If an invoice is not paid by its due date we may send reminders, suspend the affected Services, and after a reasonable period terminate them and delete the data. A suspended service is restored after payment. We are not responsible for loss caused by a suspension or termination for non-payment. You remain liable for amounts due, and we may charge reasonable costs of recovering them where the law allows.
6. Chargebacks and disputes
Please contact billing@raresrv.pro before disputing a charge so we can resolve it quickly. If a chargeback is filed on a valid charge, we may suspend your Services and account until it is resolved, and recover the disputed amount and any fees charged to us.
7. Cancellation and termination
You may cancel at any time from your client area. Cancellation stops future invoices and takes effect at the end of the period you have paid for. You are responsible for backing up your data before a service ends.
We may suspend or terminate a Service immediately, with or without notice, if you breach these Terms or our policies, if your use threatens the security, stability or reputation of our network or other customers, if we are required to by law or by a legal authority, or if we reasonably suspect fraud. Where reasonable and safe, we will try to tell you first and allow you to fix the problem. After termination we may delete your data after a reasonable period.
8. Acceptable use
You must use the Services lawfully and in line with our Fair Use Policy and Abuse Policy. You must not use the Services for anything unlawful, for sending spam, for hosting malware or phishing, for infringing others' rights, or in a way that disrupts our network or other customers.
9. Your content and data
You own your content. You give us permission to host, copy, transmit and back up that content only as needed to provide the Services. You are responsible for your content, for having the rights to it, and for complying with the law, including licences, privacy laws and consumer rules that apply to your sites and your own clients.
Backups. We may keep backups to help recover from failures, but backups are not guaranteed. You are responsible for keeping your own copies of important data.
10. Domains
Domain names are registered through accredited registries and registrars and are subject to their rules and ICANN policies. Registration and renewal fees are shown when you order. You are responsible for renewing domains before they expire, for keeping contact details accurate, and for ensuring your domain does not infringe anyone's rights. Domain fees are generally not refundable once registered.
11. Intellectual property
RareSRV and its licensors own the Services, our software, branding and website. These Terms do not transfer any of that to you. You must respect the licences of any third-party software you run, and we may remove content that infringes copyright after a valid notice.
12. Availability and maintenance
We work to keep the Services available and secure, but cannot promise they will be uninterrupted or error-free. We may carry out scheduled or emergency maintenance, and will try to give notice of planned work that could affect you. Unless we give you a written service level agreement, nothing in these Terms is a guarantee of uptime.
13. Disclaimers
To the fullest extent permitted by law, the Services are provided "as is" and "as available", and we disclaim all warranties not expressly stated, including warranties of merchantability, fitness for a particular purpose and non-infringement. Nothing in these Terms excludes rights you have under consumer law that cannot be excluded.
14. Limitation of liability
To the fullest extent permitted by law, RareSRV will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising from your use of the Services. Our total liability for any claim relating to the Services is limited to the fees you paid to us for the affected Service in the three months before the event that gave rise to the claim. Nothing in these Terms limits liability that cannot be limited by law, such as liability for fraud or for death or personal injury caused by negligence.
15. Indemnity
You agree to defend and indemnify RareSRV against claims, losses and reasonable costs arising from your content, your breach of these Terms or the law, or the actions of your own clients and users of your account.
16. Privacy and data protection
How we handle personal data is described in our Privacy Policy. If you host personal data about other people on the Services, you are responsible for complying with the privacy laws that apply to you, and you act as the controller of that data. Contact us if you need a data processing agreement.
17. Changes to these Terms
We may update these Terms from time to time. We will post the new version with a new "last updated" date and, for material changes, notify you by email or in your client area. Continued use of the Services after changes take effect means you accept them. If you do not agree, you may cancel before the next renewal.
18. Governing law and disputes
These Terms are governed by the laws of the jurisdiction where RareSRV is established, without regard to conflict of law rules. Courts of that jurisdiction have exclusive authority over disputes, except where your local consumer law gives you the right to bring a claim elsewhere. Please contact us first so we can try to resolve any issue informally.
19. General
- Entire agreement. These Terms and the policies they refer to are the whole agreement between us on the Services.
- Severability. If a provision is found unenforceable, the rest remains in effect.
- No waiver. A delay in enforcing a right is not a waiver of it.
- Assignment. You may not transfer your account without our consent. We may assign these Terms as part of a merger or sale of the business.
- Force majeure. Neither party is liable for failure caused by events beyond reasonable control, such as outages of upstream networks, power or natural events.
- Notices. We may notify you by email, in the client area, or on our website.
20. Contact
Questions about these Terms: legal@raresrv.pro. For help with a service, visit Support.