Terms of Service

The Round Mountain Group, LLC and/or RMG Hosting Services Company, Inc
Updated October 30, 2017

Our Services Can Only Be Used For Lawful Purposes

Use of our servers or services in any manner in violation of any state, local or United States law, rule or regulation is prohibited. Such prohibited use includes, but is not limited to, disseminating, posting or storage of any material in violation of any federal, state or local law, rule or regulation. Our servers may not be used for compute intensive tasks such as cryptocurrency “mining”. Our servers and services may not be used for the propagation, distribution, housing, processing, storing or otherwise handling in any way lewd, hateful, obscene, pornographic or satanic materials. Also included is the posting or trafficking in government secrets, providing any information to in any way assist or encourage any terrorist activities, providing any information concerning nuclear or biological weapons or other weapons of mass destruction, posting or trafficking in obscene material, solicitation of a minor or others for illegal acts, dealing drugs, harassment, fraud, stalking, abuse or other subject matters that are prohibited under applicable federal, state (including, but not limited to New Jersey, New York, Virginia, California and/or Utah) or local law, rules or regulations.

We Take Security Very Seriously

Any act or attempt to undermine or cause harm to our servers, computers or clients is prohibited and will result in immediate and permanent lock out of the offending IP address or addresses and will be reported immediately to network operators and law enforcement authorities.

Any unauthorized use or attempted use of an internet account or computer of ours or our clients is prohibited. Such acts include “internet scamming” (tricking other people into releasing their passwords), password robbery, security hole scanning, multiple failed attempts to log into a restricted account or multiple failed attempts to read nonexistent or protected files.  When this activity is detected it will result in immediate and permanent lock out of offending IP address or addresses and will be reported immediately to network operators and law enforcement authorities. The Round Mountain Group, LLC  reserves the right to take any action it deems necessary without any prior notice if we determine a website, account or server has been compromised, defaced or is under attack.

We Enforce Copyright Laws

RMG works with clients to insure that their sites meet all rules regarding intellectual property rights. If you suspect one of our hosted sites is in violation of Digital Millennium Copyright Act (DMCA) rules, please make a report immediately to abuse@roundmountaingroup.com for review. The Round Mountain Group, LLC does not allow any material to be hosted that is in violation of DMCA rules and will act immediately to have it removed and/or act directly to remove or disable it.  An account found in violation of DCMA rules may be suspended without notice until the violation is corrected.

Client Initiated Changes to Mail or Domains

Clients sometimes change mail providers or self managed domain registrars. It is imperative to let RMG know about these changes at least one week in advance.  RMG takes no responsibility for client initiated changes that impact or break mail delivery or domain resolution.  If in doubt – contact us.  In particular this applies to clients who purchase Microsoft 365 and switch to MS Lynx Hosted Outlook as a mail client.

We Strictly Limit Access to Privileged Functions for Security Purposes

RMG provides qualified client personnel with access to WordPress editing facilities and in some cases WordPress administration facilities. This access is given solely at our discretion and may be revoked at any time and without prior notice. Clients or client agents are not permitted root access or access to database management systems under any circumstances. Only software which is provided by RMG, it’s agents and or it’s contractors may be used on any RMG server or client site. The exception is software or applications which have been submitted for review to RMG, who will assume responsibility for the software’s installation and maintenance.  Under no circumstances whatsoever will root or cPanel access be given to clients or client agents.

Non Payment of Invoices

The Round Mountain Group LLC’s  billing and provisioning systems are automated.  All balances are due in full within 10 days of billing date.   Accounts which are past due will receive notifications after 5, 10 and 15 days.  Accounts more than 20 days behind payment are automatically suspended.  Hosting accounts may be suspended for non-payment of hosting, support or other fees. Accounts more than 60 days behind payment will be cancelled and deleted.

Cancellation

Project development fees, support fees, hosting fees and domain name fees are NON-REFUNDABLE.  Proprietary or licensed intellectual property including, but not limited to programs, themes, content or artwork remain the property of The Round Mountain Group, LLC and/or its assignees, vendors or contractors and are NON-TRANSFERABLE.

Cookies and Log Files

A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We use cookies on our sites. We do not link the information we store in cookies to any personally identifiable information submitted while on our sites. WordPress uses Cookies to further enhance the experience of the website, which you can read more about , here http://codex.wordpress.org/WordPress_Cookies

As is true of most Web sites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.

Google Analytics

Google Analytics is a web analysis service provided by Google. Google utilizes the data collected to track and examine the usage of our sites to prepare reports on their activity which we share with our website owners and other clients.  Google may also use the data collected to contextualize and personalize the ads of its own advertising network. Personal data collected: Cookie and Usage Data. Place of processing: USA. Find Google’s privacy policy here.

DISCLAIMER

WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGES TO YOU OR YOUR BUSINESS AS A RESULT OF OUR ACTION OR FAILURE TO ACT. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES WE PROVIDE. WE DISCLAIM ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY OF SUCH SERVICES. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS YOU MAY SUFFER WHETHER OR NOT CAUSED BY US OR OUR EMPLOYEES OR VENDORS. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT OUR TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL FEES PAID BY YOU TO US FOR THE ONE (1) YEAR PERIOD PRIOR TO ANY ACT OR OMISSION GIVING RISE TO SUCH DAMAGES.

FORCE MAJEURE

The Round Mountain Group, LLC and its subsidiaries shall not be liable in damages for failure to deliver services if such failure is caused by conditions beyond its control including but not limited to acts of God, government restrictions (including the denial or cancellation of any export of other necessary license), cyberattacks, wars, insurrections and/or any other cause beyond reasonable control  (including mechanical, electrical, electronic, or communications failure).

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