Last updated September 6, 2024
Right Servers Terms of Service (TOS)
Right Servers Inc. (“The Company,” “Right Servers,” “Us,” or “We”) undertakes to provide services to the Subscriber in accordance with the terms and conditions set out below (TOS).
All services provided are subject to Right Servers’ Terms of Service (TOS), Acceptable Use Policy (AUP), and Privacy Policy. These papers may be amended from time to time at the Company’s discretion. Subscriber acknowledges that the Company’s modification of the TOS, AUP or Privacy Policy shall not constitute grounds for contract termination or non-payment.
This Agreement shall be construed in accordance with the laws of the Canadian province of Ontario, city of Waterloo that govern contracts enforceable in that jurisdiction.
Service Account
Right Servers Inc. (“The Company,” “Right Servers,” “Us,” or “We”) undertakes to provide services to the Subscriber in accordance with the terms and conditions set out below (TOS).
All services provided are subject to Right Servers’ Terms of Service (TOS), Acceptable Use Policy (AUP), and Privacy Policy. These papers may be amended from time to time at the Company’s discretion. Subscriber acknowledges that the Company’s modification of the TOS, AUP or Privacy Policy shall not constitute grounds for contract termination or non-payment.
This Agreement shall be construed in accordance with the laws of the Canadian province of Ontario, city of Waterloo that govern contracts enforceable in that jurisdiction.
Account Termination
Users may cancel their account and discontinue use of the Service at any time by contacting Right Servers directly via the Right Servers helpdesk or the contact information provided in this page.
Account suspension and deletion
Right Servers retains the right to suspend or cancel the User’s account at any time and without prior warning, or at the sole discretion of Right Servers, under the following circumstances:
- The User has acted inconsistently with these Terms.
- Right Servers, other Users, or third parties may suffer harm as a result of the User’s access or usage.
- The User’s usage of Right Servers may result in a breach of applicable laws or regulations.
- in the event of a legal inquiry or governmental participation.
- The account or its usage is judged to be improper, objectionable, or in violation of these Terms by Right Servers in its sole discretion.
Suspending or deleting User accounts waives Users’ rights to restitution, damages, or reimbursement. Suspending or deleting accounts for reasons attributable to the User does not relieve the User of the need to pay any applicable fees or rates.
Content on Right Servers
Unless otherwise noted or readily identifiable, all content made accessible on Right Servers is the property of or licensed to Right Servers or its licensors. Right Servers makes every effort to guarantee that the content available on Right Servers does not violate any relevant laws or third-party rights. However, this may not always be possible. Without limiting Users’ legal rights to assert their rights, Users are cordially requested to submit such concerns using the contact information provided in this article.
Rights regarding content on Right Servers - All rights reserved
All intellectual property rights in and to such content are owned and reserved by Right Servers. As a result, users may not use such content in any way that is not required or implied by appropriate use of the Service. Users may not copy, download, share (except as expressly permitted below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties, or create derivative works from the content available on Right Servers, nor may they permit any third party to do so through the User or their device, even without the User’s knowledge.
Where expressly indicated on Right Servers, the User may download, copy, and/or share some content made accessible via Right Servers for his or her own personal and non-commercial use, provided that all copyright and other attributions required by Right Servers are properly applied.
Any legislative restriction or exemption to copyright that may apply shall remain undisturbed.
Access to external resources
Users may gain access to external resources supplied by third parties using Right Servers. Users agree and accept that Right Servers has no control over and is thus not responsible for the content or availability of such resources. Conditions applicable to third-party resources, including those applicable to any conceivable transfer of rights in content, are determined by the terms and conditions of each such third-party or, in the absence of them, by relevant statutory legislation.
Acceptable use
Right Servers and the Service may be used only in accordance with these Terms, the Acceptable Use Policy (AUP), and relevant legislation.
Users are entirely responsible for ensuring that their use of Right Servers and/or the Service complies with all relevant laws, regulations, and rights of third parties. As a result, Right Servers reserves the right to take any appropriate measure to protect its legitimate interests, including denying Users access to Right Servers or the Service, terminating contracts, and reporting any misconduct committed via Right Servers or the Service to appropriate authorities – such as judicial or administrative authorities – whenever Users engage in or are suspected of engaging in any of the following activities:
- infringe against applicable laws, regulations, and/or these Terms.
- infringe on the rights of third parties.
- Right Servers’ legitimate interests are significantly harmed.
- infringe the rights of Right Servers or any third party.
Disclosure to Law Enforcement
The AUP expressly bans using our service for illicit purposes. As a result, Subscriber acknowledges that the Company may disclose any and all subscriber information, including assigned IP addresses, account history, and account use, to any law enforcement agent that makes a written request without the Subscriber’s agreement or notification. Additionally, Right Servers has the right to discontinue all services provided under this Agreement.
Terms And Conditions Of Sale
Paid Services
Certain Services offered on Right Servers as part of the Service are chargeable. The costs, duration, and terms of purchase for such Services are detailed in the dedicated parts of the Right Servers website. The User must first register or log onto Right Servers in order to purchase Services.
Description of the Services
Prices, descriptions, and availability of Services are detailed in their relevant Right Servers sections and are subject to change without notice.
While Services on Right Servers are presented with the greatest technical accuracy possible, representation on Right Servers via any means (including, as applicable, graphic material, images, colors, and sounds) is for reference purposes only and does not imply any warranty regarding the purchased Services’ characteristics.
During the purchase process, the attributes of the selected Service will be detailed.
Procurement procedure
The purchasing process encompasses all processes from service selection through order submission.
The purchasing process consists of the following steps:
- Users must pick the Services they wish to purchase and confirm their decision.
- Users may submit their order after reviewing the information presented in the buy choices.
Order submission
When the User places an order, the following conditions apply:
- By submitting an order, a contract is formed and the User is obligated to pay the amount, taxes, and any other fees or expenditures stated on the order page.
- If the acquired Service requires active input from the User, such as the provision of personal information or data, specifications, or particular requests, the submission of the order imposes an obligation on the User to comply in accordance with those requirements.
- Users will get an order confirmation email once their order has been submitted.
All notifications pertaining to the aforementioned buying procedure will be sent to the email address given by the User.
Prices
Users are advised during the purchase process and prior to submitting their order of any fees, taxes, and expenses (including, if applicable, shipping costs).
Prices stated on Right Servers are exclusive of any relevant fees, taxes, and charges.
Payment
The establishment of this service is contingent to the Company receiving payment of the mentioned prices. Subsequent payments are payable on the month’s anniversary date for service rendered that month. The preceding applies to all Right Servers accounts and services.
Fees and Penalties
Accounts that are three days past due will have service suspended. A $75 reconnect fee will apply if service is suspended due to nonpayment. Accounts that are not paid by the due date will incur a $25 late fee. Accounts that Right Servers is unable to collect may be handed over to an independent collection agency. You agree to pay the firm a “Processing and Collection” Fee of not less than $50 nor more than $250 if your account is turned over for collection. If you wish to terminate your account, please follow the method specified in this TOS.
Refunds & Complaints
Right Servers does not provide refunds on any of its payments. This covers the one-time setup price as well as ongoing payments based on use. All billing discrepancies or overcharges must be notified within 60 days of the occurrence of the discrepancy. If you dispute a charge to your credit card issuer that Right Servers determines to be lawful under the TOS and/or AUP, you agree to pay Right Servers an “Administrative Fee” of not less than $50 and not more than $250.
Inability to Pay
The Company has the right to suspend service or cancel this Agreement if Subscriber fails to pay charges when due. Such cancellation or refusal will not absolve Subscriber of liability for all accrued costs, including reasonable interest and collection expenses. End customers who have been impacted by a reseller’s inability to pay their dues will be able to contact Right Servers and obtain service directly following the cancellation of the servers.
Methods of payment
During the purchase procedure, information about approved payment methods is made available.
Certain payment methods may be subject to extra terms or fees. In such circumstances, information about the relevant fees may be obtained in the Right Servers order forms.
All payments are processed independently via third-party providers. As a result, Right Servers does not collect payment information – such as credit card numbers – but instead gets notice after the payment has been completed successfully.
If a payment is unsuccessful or is denied by the payment service provider, Right Servers is not obligated to fulfill the purchase order. Any charges or fees incurred as a consequence of a failed or denied payment should be paid by the User.
Exclusive usage of Virtual Currency within Right Servers
Certain payments on Right Servers may be made using a Virtual Currency. Unless otherwise specified, such Virtual Currency is not convertible, exchangeable, or redeemable for traditional currencies, other open digital currencies, products, or other assets.
By acquiring Virtual Currency, Users accept and understand that it may be used only within Right Servers and for the explicit reasons approved by Right Servers within the context of its Services. Additionally, users realize and agree that such Virtual Currency may not be transferred, purchased, sold, or exchanged outside of the Service.
As a result, Users may not sublicense, trade, sell, or attempt to sell Virtual Currency for money, or exchange Virtual Currency for any other kind of value outside of the specific service offered by Right Servers. Any such banned usage or transaction shall be deemed null and invalid, and the User may face legal action.
In the event that a contract or account is terminated for any reason attributable to the User, all unused Virtual Currency will be lost and no reimbursement will be issued.
Authorization for future PayPal and credit card payments
If Users use the PayPal functionality that enables future purchases, Right Servers will save an identifying code associated with the Users’ PayPal account. This authorizes Right Servers to handle payments automatically for future purchases or recurring installments of previous transactions. Similarly, Right Servers will save an identifying code with its credit card processor Stripe to handle payments automatically for upcoming invoices due for payment.
PayPal authorization may be canceled at any time by contacting Right Servers or by modifying your PayPal subscription after logging into PayPal. You are also able to remove your credit card details at anytime by logging in to the Right Servers billing portal.
Retention of Rights of Use
Users do not gain any rights to use the bought Service until Right Servers receives the whole purchase fee.
Offers and discounts
Right Servers may give discounts or special deals on Service purchases. Any such offer or discount is always subject to the qualifying requirements and terms and restrictions specified in the applicable part of Right Servers.
Right Servers has the right to provide offers and discounts at its sole discretion.
Repeated or recurrent offers or discounts do not create any claim/title or right in the future that Users may assert.
Discounts or special deals may be good for a limited period only. If an offer or discount is time-limited, the time indications correspond to Right Servers’s time zone, Eastern Standard Time (EST), unless otherwise noted.
Coupons
Coupons can be used to create offers or discounts. If any of the Coupon criteria are violated, Right Servers may lawfully refuse to perform its contractual duties and clearly retains the right to pursue necessary legal action to safeguard its rights and interests.
Regardless of the provisions below, any additional or conflicting restrictions governing the use of the Coupon that are stated on the related information page or on the Coupon itself will always take precedence.
Unless otherwise specified, the following rules apply to the redemption of Coupons:
- Unless otherwise indicated, Coupons are only valid for new orders.
- Each Coupon is only valid if used in accordance with the terms and conditions mentioned on the website and/or the Coupon.
- A Coupon may be used in full at the time of purchase – partial usage is not authorized.
- Unless otherwise specified, single-use Coupons may be applied only once per transaction, including in circumstances requiring installment-based payments.
- A Coupon cannot be used in conjunction with another Coupon or offer unless otherwise indicated.
- The Coupon may be redeemed only within the time period mentioned in the deal. After this time period, the Coupon will immediately expire, precluding the User from claiming any of the applicable rights, including cash-out.
- If there is a disparity between the Coupon’s face value and the redeemed value, the User is not entitled to any credit/refund/compensation.
- The Coupon is for personal, non–commercial use only. Any replication, counterfeiting, or commercial trading of the Coupon, as well as any criminal action linked to the purchase and/or use of the Coupon, are strictly prohibited.
Delivery
Performance of services
The ordered service should be completed or made accessible within the time period indicated on the Right Servers website or as otherwise notified prior to order submission.
Duration of the contract
Trial period
Users can evaluate Right Servers or chosen Service for free during a limited, non-renewable trial period, only as indicated on the website for chosen Services. During the trial time, certain features or capabilities of Right Servers may be unavailable to Users.
Additional trial period parameters, including length, will be posted on Right Servers.
Unless the User cancels the purchase prior to the trial period expiring, the trial period will automatically convert to the comparable paid Service.
Subscriptions
Subscriptions enable Users to get a Service on a continuous or periodic basis for a specified amount of time.
Paid memberships commence on the day Right Servers receives payment.
Users must pay the requisite recurring cost on a timely basis in order to continue subscriptions. Inadequate compliance may result in service outages.
Subscriptions with an open-ended term
Open-ended subscriptions may be discontinued at any time by notifying Right Servers in a clear and unambiguous manner using the contact information provided in this article or using the client portal. Terminations shall take effect 30 days after Right Servers receives notification of termination.
User Rights
Right of withdrawal
Unless certain limitations apply, the User may cancel the contract within the period mentioned below, for any reason and without any reasons. This section contains more information regarding the withdrawal criteria.
Who is covered by the withdrawal right
The right of withdrawal is a consumer protection measure meant to protect European consumers in the event of distance contracts (because the User is not able to see or try the Service before closing the contract). Withdrawal from a contract releases the contracting parties from their obligation to fulfill the deal.
On Right Servers, all Consumers, regardless of their location, have the right of withdrawal. Unless any of the exceptions listed below apply, Consumers have the right to withdraw from a contract within the stated term applicable to their situation, for any reason and without justification. Users who do not meet these criteria are not entitled to the rights outlined in this section.
Custom Orders
Custom order bear costs that Right Servers would not have otherwise incurred and will therefore not be included in the withdrawal right; this should be outlined during the pre-sales process and indicated on the invoice but in case it is not, the User does not have a right to withdrawal from custom orders.
Exercising the withdrawal right
To exercise their right of withdrawal, Users must provide an unequivocal declaration to Right Servers indicating their decision to terminate the relationship.
Users may accomplish this by utilizing the model withdrawal form located in the “definitions” section of this page. Users, on the other hand, are permitted to communicate their desire to withdraw from the contract in any other manner they deem appropriate. To fulfill the deadline for exercising this privilege, Users must send the withdrawal notification prior to the withdrawal period expiring.
When does the grace period for withdrawals expire?
The withdrawal term for the purchase of a service is 3 days from the day the contract is entered into, unless the User has waived the withdrawal right.
Effects of withdrawal
Users who withdraw from a contract in a timely manner will be repaid by Right Servers for all payments made to Right Servers, including, if applicable, payments for delivery expenses. However, any additional costs incurred as a result of selecting a delivery method other than the cheapest basic delivery option given by Right Servers will not be compensated. Such compensation should be given without excessive delay and, in any case, within 3 days of Right Servers receiving notice of the User’s withdrawal from the contract. Unless the User agrees differently, refunds will be provided using the same method of payment as the initial transaction. In any case, the User shall bear no charges or fees associated with such refund.
...on the acquisition of services
When a User exercises his or her right of withdrawal after requesting that the service be rendered prior to the withdrawal period expiring, the User shall pay Right Servers a fee proportionate to the percentage of service completed. Such payment should be equivalent to the portion of service delivered till the User withdraws in comparison to the contract’s full scope.
Rates for Services
Subscriber acknowledges that he or she has been informed of the nature of the Service provided and the introductory rates and charges. Subscriber acknowledges that the Company reserves the right to alter the mentioned rates and charges at any moment. The promotional offer is conditional on the Company meeting and maintaining its cost of service objectives, which include but are not limited to the rates paid by its suppliers.
Domain DNS Propagation
Within 24 hours after the install date, all new webhosting accounts containing new domains will be configured and added to our DNS servers. However, due to unanticipated issues, this process may occasionally take up to two business days.
Domain Transfers
New webhosting accounts that require the transfer of a domain from another provider to Right Servers typically take a minimum of seven (7) days to become effective and registered in our DNS servers. Such transfers may take up to fourteen (14) days in some instances. Due to the uncertain nature of the transfer procedure, no assurances are offered as to the duration of a particular transfer.
Support Boundaries
Right Servers provides round-the-clock technical support to its subscribers. Our technical help is limited to our areas of expertise. Our guidelines for offering assistance are as follows: Right Servers provides assistance for the physical operation of your server or virtual site. Right Servers does not provide technical help for application-specific difficulties such as programming, compiling, or any other issue of a similar nature. Technical assistance for your clients is not provided by Right Servers unless explicitly indicated on the service. If you are able to send an email, we invite you to do so to support@rightservers.com. If you are able to connect to the Internet and have more questions, you may find the answers on our home page at https://portal.rightservers.com/ – we strongly advise you to do so first. Finally, the documentation included with the application may have the answer to your question; thus, please study these resources before contacting technical help.
Cancellation of Account
All cancellation requests must be made in writing to Right Servers with at least 7 days (30 days for private clouds) advance written notice (or Helpdesk ticket submission). To cancel an account, you must have access to all account details and must be authorized to close the account by the original account holder.
Subscriber recognizes that the service supplied is of such a type that it may be interrupted for a variety of causes other than the company’s carelessness and that damages arising from such an interruption are difficult to quantify. As a result, Subscriber accepts that the firm is not liable for any losses resulting from factors beyond the company’s direct and exclusive control. Additionally, the Subscriber accepts that the company’s liability for its own carelessness may not exceed an amount equal to the expenses incurred by the Subscriber for services during the month which the losses occurred. The firm shall not be liable for any indirect, special, or consequential damages, loss, or harm.
Backups and Data Loss
You use the service entirely at your own risk. Right Servers performs daily backups but is not liable for any files or data stored on your account. You agree to bear all responsibility for files and data transferred and to keep all necessary backups of files and data saved on Right Servers’ infrastructure.
Money back Guarantee
Right Servers provides a money-back guarantee on the majority of its Services; nevertheless, Right Servers has the right to exercise this right at its sole discretion.
On written request, all new Right Servers customers are entitled for a money back guarantee on Services that explicitly offer the money back guarantee (some Services do not offer a money back guarantee). A new customer is defined as someone who has never purchased services from Right Servers previously. Additionally, if a client orders a second, third, or subsequent hosting plan and decides to cancel that package, the consumer is not entitled for a refund. If you exceed your bandwidth allotment within the first 30 days of service, you will be ineligible for the money-back guarantee. If you break the TOS/AUP agreed upon throughout the purchase process, you forfeit your right to a money back guarantee. The money back guarantee can only be exercised once for each client; you cannot request a refund on multiple servers unless explicitly written and approved by Right Servers management.
Service Level Agreement (SLA)
Right Serves guarantees a 99.9% service level agreement. If your hosting server has physical downtime that exceeds the 99.9 percent uptime guarantee, you may be reimbursed, but the reimbursement will not exceed the cost of one month of service. Right Servers has the right to deny refunds based on the explanation presented. Third-party monitoring service data may not be used as justification for a variety of reasons, including the monitor’s network capacity/availability of transit. The server’s uptime is defined as the time reported by the server’s operating system, which may differ from the time recorded by individual services.
SLA Credit
If in any given month Right Servers fails to meet the 99.9% uptime guarantee, subscribers are eligible to request a credit on their Service.
Before you can apply to receive a credit, you must meet the below criteria in order to be eligible for an SLA credit:
- Your account must be in good standing (no overdue invoices)
- You must submit a ticket through our helpdesk (https://portal.rightservers.com) to the billing department
- All requests must be submitted within 5 days of the reported downtime
- All requests must contain a ticket # of the service interruption
The SLA credit will be calculated using the following credit structure:
Right Servers is not responsible for downtime related to the services listed below and as such will not issues credits for the following:
1. Internal services such as MySQL, Apache, PHP, etc
2. Scheduled downtime or planned maintenance
3. Interruption of service due to unpaid invoices, abuse notifications and violations of TOS/AUP
4. ISP or local connection problems
5. Customer-controlled downtime
6. Acts of Force Majeure
This SLA is subject to change at the sole discretion of Right Servers and will be updated on the web site. Any changes made to this SLA will take effect 5 days after it is published.
Complaints
Any behavior that generates a genuine complaint will result in the server’s immediate deactivation. The User agrees to enable access to the server in order to determine the source of the problem. Any installed software deemed to be solely for the purpose of scanning ports, spidering e-mail addresses, abusing proxies, or any other conduct that resulted in the complaint will result in the account being cancelled immediately.
SPAM Policy
We have a zero-tolerance policy for unsolicited e-mail, mass emailing, and spam. “Safe lists” and “dual opt-in” are considered spam. Spammers will have their accounts canceled with or without warning.
SPAM-advertised websites may not be hosted on our systems. This clause applies to SPAM distributed by fax, email, instant messaging, or UseNet/newsgroups, but is not restricted to it. Our servers may not be used to host any organization or entity specified in the ROKSO. Any account that results in the blacklisting of our IP address space will be promptly suspended and/or terminated.
Right Servers maintains the right to require adjustments to or disable any website, account, database, or other component that does not adhere to its defined policies, or to make such modifications in the event of an emergency.
SPAM Fees
Right Servers retains the right to levy a clean-up fee to the owners of the account used to send unsolicited e-mail. The cost of the clean-up charge is totally up to Right Servers’ discretion as the effort required to remedy the situation different on a case-by-case basis. The clean-up fee will include charges for server damage, the process of clearing up the Spam, and any additional fees incurred at management’s discretion for the efforts used to clear our IP space and IP reputation.
A mandatory cost of $500.00 USD will be assessed in response to the Spam on Right Servers’ networks, but keep in mind this is a minimum fee without a maximum penalty set; IP reputation can sometimes affect the surrounding IPs not directly used by the Subscriber depending on the level of Spam sent by the Subscriber.
Network
IP Address Ownership
If Right Servers assigns Customer an Internet Protocol address (IP) for Customer’s use, the right to use that Internet Protocol address shall remain solely with Right Servers, and Customer shall have no right to use that Internet Protocol address during the term of this Agreement, except as permitted by Right Servers in its sole discretion in connection with the Services. Right Servers shall retain and control ownership of any Internet Protocol numbers and addresses allocated to Customer by Right Servers, and Right Servers maintains the right, in its sole and absolute discretion, to modify or delete any and all such Internet Protocol numbers and addresses. Our IP address allocation is constrained by ARIN’s new restrictions. These new regulations say that the usage of IP addresses for IP-based virtual hosts cannot be used to justify the creation of additional IP addresses. This means that you MUST utilize name-based hosting wherever feasible. We will frequently examine IP address usage and, if we discover that customers are utilizing IP addresses that may be utilized for name-based hosting, we will remove authorization to use those IP addresses.
Bandwidth Transfer & Disk Usage
Customer acknowledges that bandwidth and disk use will be limited to the number of megabytes per month specified on the Order Form for the Services bought by Customer (the “Agreed Usage”). The appropriate servers will keep an eye on the Customer’s bandwidth and disk consumption. If Customer’s bandwidth or disk consumption exceeds the Agreed Usage, Right Servers has the right to take remedial action. Corrective action may include the imposition of extra costs, the disconnection or discontinuation of any and all Services, or the termination of this Agreement, all of which are entirely at Right Servers’s discretion. If Right Servers takes remedial action pursuant to this provision, Customer will not be entitled to a refund of any fees received in advance of such action. If a client exceeds the specified allotment, Right Servers may, at its sole discretion, charge a deposit to the customer’s credit card on file with Right Servers.
System & Network Security
It is unlawful for users to breach or try to violate the Right Servers Network’s security. System or network security violations may result in legal or criminal responsibility. Right Servers will investigate occurrences that may involve such violations and may co-operate with law enforcement authorities in prosecuting Users who commit such violations. These infractions include, but are not limited to:
- Accessing data that is not intended for such User or entering into a server or account for which such User is not permitted.
- Without sufficient authority, attempting to probe, scan, or test the vulnerability of a system or network, or to compromise security or authentication procedures.
- Attempting to disrupt service to any user, host, or network by overloading, “flooding”, “mail bombing”, or “crashing”.
- Forging any TCP/IP packet header or portion of a TCP/IP packet header in an e-mail or newsgroup posting.
- Taking any action that entitles the User to services to which he or she is not entitled.
Right Servers has the right to modify these terms and conditions at any moment. All Right Servers Sub-Networks, resellers, and services must comply to the aforementioned regulations. Any violation of any term or condition will result in immediate cancellation. You shall be held liable for your clients’ behavior in the manner specified in these Terms and Conditions.
Disclaimer of Warranties
The service offered by Right Servers is solely on a “as is” and “as available” basis. Users use the Service at their own risk. To the fullest extent permitted by law, Right Servers expressly disclaims all conditions, representations, and warranties — express, implied, statutory, or otherwise — including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. User acknowledges that no advice or information, whether oral or written, acquired from the owner or via the Service will establish any warranty not expressly expressed above.
Without limiting the foregoing, Right Servers, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, and suppliers, and employees make no warranty that the content is accurate, reliable, or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is virus- or other harmful component-free. Any content downloaded or otherwise received from the Service is done so at the user’s own risk, and users are entirely liable for any damage to their computer system or mobile device, or loss of data, resulting from such download or usage.
Right Servers makes no representations or warranties about any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and Right Servers will not be a party to or monitor any transaction between Users and third-party providers of products or services.
The Service may become unavailable or may cease to work correctly when used with a User’s web browser, mobile device, or operating system. Right Servers is not responsible for any alleged or real damages resulting from the Service’s content, operation, or usage.
Certain implied guarantees are not excluded or limited by federal law, some states/provinces, or other jurisdictions. The exclusions set out above may not apply to Users. This Agreement confers particular legal rights on Users, and Users may also have additional rights that differ by state/province. This agreement’s disclaimers and exclusions shall not apply to the extent prohibited by relevant legislation.
Limitations of liability
To the fullest extent authorized by relevant law, Right Servers, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees shall not be liable for the following:
- any indirect, punitive, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in any way connected with the use of, or inability to use, the Service.
- any damage, loss, or injury caused by unauthorized access to or use of the Service, User account, or the information contained within through hacking, tampering, or other unauthorized means.
- any typographical errors, omissions, or inaccuracies in the information.
- Personal harm or property damage of any kind arising from User access to or use of the Service is expressly prohibited.
- any unauthorized access to or use of Right Servers’ secure servers and/or any and all personally identifiable information kept on them.
- any failure or interruption of transmission to or from the Service.
- any bugs, viruses, worms, or Trojan horses that may be sent to or via the Service.
- no responsibility for any inaccuracies or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service.
- any User’s or third party’s defamatory, offensive, or unlawful behaviour. Right Servers, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees shall not be liable for any claims, proceedings, liabilities, obligations, damages, losses, or costs in excess of the amount paid by User to Right Servers in the preceding 12 months, or the duration of this agreement between Right Servers and User, whichever is shorter.
This limitation of liability section shall apply to the fullest extent permitted by applicable law, regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and regardless of whether the company has been advised of the possibility of such damage.
Due to the fact that certain countries do not provide the exclusion or limitation of incidental or consequential damages, the limitations or exclusions set out above may not apply to User. The agreements confer upon User particular legal rights, and User may also have additional rights that differ by jurisdiction. The terms’ disclaimers, exclusions, and limitations of responsibility shall not apply to the extent that relevant legislation prohibits them.
Indemnification
The User agrees to defend, indemnify, and hold harmless Right Servers and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising out of or in connection with:
- The manner in which the User uses and accesses the Service, including any data or material transmitted or received by the User.
- User’s violation of these terms, including but not limited to User’s breach of any of these terms’ claims and warranties.
- Violations of third-party rights by the user, including, but not limited to, privacy and intellectual property rights.
- Violations of any statute law, rule, or regulation by the user.
- any material submitted from the User’s account, including content accessed by third parties using the User’s unique username, password, or other security measure, if applicable, including, but not limited to, misleading, false, or incorrect information.
- Intentional wrongdoing on the part of the user.
Miscellaneous Provisions
No Waiver
Failure by Right Servers to enforce any right or term of these Terms shall not be construed as a waiver of such right or provision. No waiver of such term or any other term shall be construed as a subsequent or continuing waiver of such term or any other term.
Interruptions in service
To maintain the highest possible service level, Right Servers maintains the right to stop the Service for maintenance, system updates, or any other reason after properly notifying Users.
Right Servers may also choose to stop or cancel the Service entirely, according to applicable legislation. If the Service is discontinued, Right Servers will work with Users to ensure that Personal Data or other information is removed in line with relevant legislation.
Additionally, the Service may be unavailable for a period of time owing to circumstances beyond Right Servers’ reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).
Reselling of services
Without the express prior written consent of Right Servers, either directly or via an authorized resale scheme, users may not replicate, duplicate, copy, sell, resell, or exploit any component of Right Servers and its Service.
Policy on privacy
To understand more about how their Personal Data is used, Users may see Right Servers’ privacy policy.
Modifications to these Terms
Right Servers has the right, at any time, to change or modify these Terms. In such instances, Right Servers will notify the User appropriately of the modifications.
Such modifications will have no effect on the User’s connection in the future.
Continued use of the Service constitutes acceptance of the amended Terms by the User. Users who do not intend to be bound by the modifications shall immediately discontinue use of the Service. In the event that any party does not accept the new Terms, either party may cancel the Agreement.
Prior to the User’s approval, the relationship shall be governed by the appropriate earlier version. Any prior version may be obtained from Right Servers.
If relevant legislation requires it, Right Servers will identify the date on which the updated Terms will take effect.
Contract assignment
Right Servers retains the right to assign, transfer, novate, or subcontract any or all of its rights or duties under these Terms, while taking into consideration the User’s legitimate interests. Changes to these Terms shall be governed by the provisions set out below.
Without the express written approval of Right Servers, users may not assign or transfer their rights or responsibilities under these Terms in any way.
Contacts
All communications about the usage of Right Servers must be sent to the address specified in this article.
Severability
If any term of these Terms is considered or becomes illegal or unenforceable under applicable law, such provision’s invalidity or unenforceability shall not impact the legality of the remaining provisions, which shall continue in full force and effect.
Resolution of disagreements
Users may submit any issues to Right Servers, who will attempt an amicable resolution.
While Users’ right to pursue legal action remains unchanged, Users are respectfully requested to contact Right Servers using the contact information provided in this document in the case of any disagreement involving their usage of Right Servers or the Service.
The User may send a complaint to admin@rightservers.com, together with a brief explanation and, if relevant, details of th