Please ensure you fully read our Terms of Service before you place your order as they constitute a legally binding agreement.

We reserve the right to modify these terms of service at any time without prior notification.

1) General Definitions and Terms

The following words used in this agreement apply to You, the customer: "You", "Your".

The following words used in this agreement apply to Us, the seller: "Us", "Our", "We", "rubberhost".

The terms "website", "the website", "this website" refer to http://rubberhost.com.

2) Payment

After payment has been received, your template will be available to download from your client area within the timeframe advertised on our website.

All files are provided in zipped/compressed format, so you must ensure you have software available to you that is capable of extracting the files you purchase.

3) Refunds

Due to the nature of products we sell (i.e. digitally downloadable products) we are unable to provide refunds under any circumstances. This is because once purchased, you will have access to the files we charge for.

Any charge-backs you attempt to make via PayPal or other payment gateways will be argued strenuously by us with reference to these terms and conditions of sale. You must ensure you fully read our terms as well as the website description of any files you purchase, as no refunds will be available unless the product you purchased is significantly different from what is described by us on this website.

By purchasing any pre-made website template from this website, you acknowledge and agree that we do not guarantee compatibility for any feature not seen in our live demonstration. In the case of templates that do not have live demonstrations, you much contact us prior to making your purchase to find out whether the template will be compatible with a feature not seen or described on this website. We cannot provide refunds on the basis of incompatibility in this regard.

If you order a custom service but later change your mind, you have the right to cancel it provided that we have not already started work on it. There is an administrative fee of $14.99 USD for all service cancellations, irrespective of whether the service has commenced or not.

4) Support

Support will only be provided for paid products and services if your account is in good standing. If there are outstanding payment issues relating to your account, or you are using a free product, support will not be provided.

If your domain is not authorized to be using RubberHost, you will be refused support until your domain is licenced. We will also report your domain to RubberHost Limited.

We reserve the right to refuse user support for any reason, such as, but not limited to, abusive or offensive communiation directed towards our staff.

5) Pre-made Templates

By purchasing a template licence you acknowledge and agree that your purchase grants you a single, non-transferable licence to use the purchased design on one website/domain only. You also acknowledge and agree that your purchase of a template licence does not grant you ownership of the template, and/or any other transferable right of ownership of the template design, including any and all source files, unless explicitly advertised by us on this website.

By purchasing a template licence, you acknowledge and agree that we do not guarantee compatibility of any feature not seen on our live demonstration site or any feature not documented or advertised on this website. You also acknowledge and agree that we do not guarantee compatibility of any third party modules, addons of custom features with the template licence you purchase.

By purchasing a template licence, you acknowledge and agree that your purchase will be available to download from this website following verification of your payment and order and that verification of your order will completed within 24 working hours of your cleared payment, and that this time frame is dependent on your prompt response to any verification request we may send you.

By purchasing a template licence from us, you acknowledge and agree that we reserve the right to discontinue or remove from sale a template without prior notice and that updates for the template in question will no longer be available. All templates will have a guaranteed update schedule of at least 6 months after purchase, regardless of whether the template has been discontinued from sale or not.

By purchasing a template licence from us, you acknowledge and agree that any template, design source file(s), image files, fonts, CSS files, PHP files, TPL files and/or any website code provided to you, by us, must not be transferred, sold, re-sold, distributed and/or re-distributed to any other person, company, third party and/or any un-related legally responsible being. You also agree not to transfer ownership of any template, source file(s), images, fonts, CSS files, PHP files, TPL files and/or any website code provided to you, by us, to any third party, in exchange for any form of consideration (including but not limited to monetary consideration and/or financial gain) or free of charge.

By purchasing a template licence from us, you acknowledge and agree that access to the download, user support and future templates updates, if advertised on this website as being included with your purchase, will be revoked after 1 year unless you purchase a Support and Updates package. Upon purchase of a Support and Updates package, you will be entitled to a further 12 months of access to the download, user support and template updates, if advertised on this website as being included with your purchase.

6) Services

By purchasing a service from us, you agree to provide us with the necessary information required to complete the service. You also acknowledge and agree that the advertised time frame for completion of the service by us is dependent on your prompt delivery of information requested by us and is advertised in working hours. You also acknowledge and agree that we reserve the right to increase or decrease the time frame for the service completion at any time wihout notice, if required due to high levels of demand or any other influencing factor.

By purchasing a service from us, you acknowledge and agree that any work and/or website code provided to you, by us, must not be transferred, sold, re-sold, distributed and/or re-distributed to anyone other person, company, third party and/or any un-related legally responsible being. You also agree not to transfer ownership of work and/or website code provided by us to any third party, in exchange for any form of consideration (including but not limited to monetary consideration and/or financial gain) or free of charge.

By purchasing a service from us, you acknowledge and agree that we will not be held legally and/or financially liable for any loss of data and/or loss of earnings in relation to any third party user account credentials you provide us with.

7) Bespoke Projects

By ordering a custom RubberHost design or a bespoke design in any format, you acknowledge and agree that there can be no refunds for completed work for whatever reason.

By ordering a custom RubberHost design or a bespoke design in any format, you acknowledge and agree that if you change your mind at any stage prior to our commencement of coding the works, there can only be a maximum refund of 50 per cent of the price paid. Once you have approved a design for coding into functional website format, no refund can be given under any circumstances.

8) Quotations

All quotations issued by us will be valid for a maximum period of 30 days. After this time, we reserve the right to provide a new quote if necessary.

You acknowledge and agree that by accepting a quotation, all communication and agreements made prior to your acceptance shall form contractual obligations for both parties, enforceable by law and to be construed in accordance with these Terms of Service.

If, for any reason, you decide against us completing the agreed works once they are already in progress, we reserve the right to either conclude the contract as originally agreed, or to charge the total amount of the contract value in order to bring the contract to an end.

If there is significant deviation part way through a project that is already in progress, we reserve the right to either conclude the contract as originally agreed, or to charge the total amount of the contract value in order to bring the contract to an end.

You acknowledge and agree that there will be no transfer of ownership rights/intellectual property unless payment has been made in full. If payment is outstanding for any reason, no ownership rights, intellectual property rights or copyright protection will be afforded to you.

9) Currency Conversion

If you elect to make your payment by direct bank transfer into our UK account, you acknowledge and agree that the payment must be made in GBP (Great British Pounds). Before sending payment in GBP, we will provide you with the total amount owed in GBP. You acknowledge and agree that this value will be calculated using exchange rates provided by Reuters (UK).

10) Limitation of Liability

By ordering any product or service from us, and/or by using this website, you agree that we will not be held legally and/or financially liable for any loss of data and/or loss of earnings. You also agree that we will not be held legally and/or financially liable for any loss of earnings for the period of website down-time that is required to complete any service.

To the extent permitted by applicable law, Zumada Limited hereby disclaims any and all warranties, whether express or implied, statutory or otherwise as to the accuracy of any information contained on any of our websites and, accordingly, Zumada Limited shall have no liability (save in relation to death or injury arising through its negligence) for any loss or damage howsoever arising and of whatever nature incurred in the use of any Zumada Limited website or reliance on any information contained on it including, without limitation, any direct, indirect or consequential loss, loss of business, loss of goodwill or loss of profits.

11) Applicable Language, Law and Jurisdiction

All products and services provided by us may require communication in English language in order to complete a service or provide a product. By purchasing any product and/or service from us, you acknowledge and agree to be bound by our Terms of Service, as written and defined in English. By ordering a product and/or service from us, you acknowledge and agree that we will not be held legally and/or financially responsible for your failure to read and/or understand these Terms of Service.

Your use of this website, any material accessed or downloaded from it and the operation of these Terms of Service and any dispute or claim arising out of or in connection with such matters, their subject matter or formation (including but not limited to non-contractual disputes or claims) shall be governed by, construed and interpreted in accordance with the laws of England and Wales and You agree to submit to the jurisdiction of the English Courts.

If you have breached and/or violated these Terms of Service, we reserve the right to bring legal proceedings against you in:

the courts of the country of your residence

the courts of the location of your access, use or storage of any materials obtained from the website

the courts of the location of any breach by you of these Terms of Service; and/or

the courts of the location of your authorisation of any of the above acts.

In the event of a civil law suit decided in our favour, you acknowledge and agree that all legal fees will be paid by you or the company you represent that is party to the case.

12) How and where can I file abuse complaints?

If you need to report a domain, website or email address involved in illegal/abusing activities, here are some tips you may follow to make this process easier.

Your actions will depend on the type of the issue you would like to report. Here is the brief information regarding the most common issues:

1) Spam. If you receive spam emails, you should report the issue to the email service provider used for sending emails. You may find their contact details using the originating IP Whois (the originating IP can be found in email headers).

If you are not sure how to read email headers, you may contact us by submitting a ticket to Domains - Legal and Abuse department, and we will gladly assist you with this.

NOTE: Unfortunately, we are not able to investigate spam complaints if unsolicited emails are sent using third-party email services. This is because we have no access to the servers these emails originate from, and there is no way for us to check the server logs to confirm the fact of abuse. Domain names (email addresses) can be easily spoofed, so in similar cases, we are able to take action regarding the domain only in case it is blacklisted by trusted organizations (like SpamHaus or SURBL), or in case a report is received from a legal authority.

Tip: When reporting spam, please provide the full text of the email including its headers.

2) Phishing is the act of attempting to acquire sensitive information (usernames, passwords, or credit card details) using fake websites that are almost identical to the legitimate ones. If you detect such a website, you may report it so that further actions are taken.

Reporting phishing will require submitting a ticket to Domains - Legal and Abuse department. We would highly appreciate it if you attach a screenshot of the abusive website and specify the target of the phishing attack.

3) Copyright infringement. If you detect a website that infringes your exclusive rights to some content, you will need to submitting a ticket to our Domains - Legal and Abuse department. Make sure your notice meets all the DMCA requirements.

Also, you might want to contact the domain holder directly regarding the issue. You can find their contact details using any Whois tool. If Whois details are hidden by our WhoisGuard privacy protection service, feel free to send your email to the protected email address (like ****.protect@whoisguard.com). It will be forwarded to the real email address of the domain holder.

4) Fraud schemes. If you believe you are the victim of an internet crime, or if you are aware of an attempted crime, you can file a complaint through Internet Crime Complaint Center at https://complaint.ic3.gov. You may contact either your lawyer(s) or the local authorities in order get the issue resolved. We will assist them any way we can.

5) Child pornography. We take reports of child pornography very seriously. Please submitting a ticket to Domains - Legal and Abuse department for further consideration.

6) Malware. Such issues should be investigated by a company that provides web hosting services for an abusing site. In case the site in question is hosted with us, please submitting a ticket selecting Hosting - Legal and Abuse department so that we can investigate the issue.

7) Trademark infringement. In case a domain registered with RubberHost contains a trademarked word or word combination you have the rights to, please submitting a ticket to Domains - Legal and Abuse department for further instructions. You might also get in touch with the domain holder directly using Whois details assigned to the domain.

8) Invalid Whois details. If you consider contact information of any particular domain (registered with RubberHost) to be invalid, please submitting a ticket with us choosing Domains - Legal and Abuse department. If your contact details are assigned to the domain you do not own or control, please attach the documents that confirm your identity to the ticket. This might be a color quality photo of your passport, driver's license, or any other government-issued identification, and a utility bill with your name and address.

Please mind that issues reviewed by Legal and Abuse department can be resolved via ticket only as most cases need more detailed investigation than Live Chat operators can conduct. If you have a ticket opened with Legal and Abuse department and would like to provide more details or have further questions, please continue the conversation via the ticket. Our general ticket response time is 2 hours.

NOTE: Ticket response time may not indicate the time frame the issue will be resolved within. Depending on the particular case and type of the issue, it may take a different amount of time for our investigation to be carried out. Your patience and understanding are highly appreciated.

You may also submit an email to abuse@rubberhost.com directly.

13) DMCA takedown request requirements

1. Electronic or physical signature of the rights holder or the person authorized to act on behalf of that person;
2. Identification of the copyrighted work that has been infringed;
3. An identification of the material that is claimed to be infringing, and information reasonably sufficient to permit RubberHost to locate the material (for example, by providing a URL to the material); or, if applicable, identification of the reference or link to material or activity claimed to be infringing, and information reasonably sufficient to permit RubberHost to locate that reference or link;
4. Name, address, telephone number, and email address of the person claiming infringement;
5. A statement by the person claiming infringement has a good faith belief that the disputed use is not authorized by the rights holder, its agent, or the law; and
6. A statement that the information in the notification is accurate and a statement, made under penalty of perjury, that the person claiming infringement is the rights holder or is authorized to act on the behalf of the rights holder.

14) Acceptable Use Policy

This Acceptable Use Policy ("AUP") governs your use of the Services and is incorporated by reference into RubberHost's Terms of Service. Unless otherwise stated, defined terms in this AUP have the meanings provided in the Terms of Service. RubberHost may modify this AUP at any time without notice.

The Services provided by RubberHost may only be used for lawful purposes. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services. RubberHost reserves the right to refuse service to anyone. Any material that in our judgment violates this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to an email from our abuse department within the specified time period in our email to you may result in the suspension or termination of the Services.

1) Prohibited Uses

Infringement of Intellectual Property Rights.

Use of the Services to infringe upon another party's intellectual property rights is prohibited. This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. Selling or offering to sell any counterfeit merchandise will result in the immediate termination of your account. Any account found to be infringing on the intellectual property rights of others will be expeditiously removed or access to the material will be disabled. Any account found to be in repeated violation of this prohibition will be suspended or terminated.

If you believe that your intellectual property rights are being infringed upon, please email abuse@rubberhost.com. For copyright infringement claims, RubberHost follows the Digital Millennium Copyright Act ("DMCA") notice and takedown procedures.

Using a shared account as a backup/storage device.

You may not use a shared hosting account as a backup/storage device with the exception of one cPanel backup of the same account. Please do not take backups of your backups.

2) Unacceptable Material

Unacceptable material on our servers include without limitation:

  • Topsites
  • IRC Scripts/Bots
  • IRCD (irc servers)
  • Proxy Scripts/Anonymizers
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale or distribution of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • MUDs/RPGs/PBBGs
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro
  • Push button mail scripts
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
  • Tell A Friend Scripts
  • Anonymous or Bulk SMS Gateways
  • Bitcoin Miners
  • PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate progams, etc)
  • Child Pornography Prohibited.

    Content that is potentially harmful to minors, as determined in RubberHost's sole discretion, is strictly forbidden, including but not limited to, child pornography or content perceived to be child pornography. Any website found to host child pornography or linking to child pornography will be suspended immediately without notice.

    Other Prohibited Content.

    We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our Terms of Service or this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice.

    3) Unacceptable Resource Usage

    You may not:

  • Use twenty-five percent (25%) or more of our system resources for longer than ninety (90) seconds at a time. Activities that could cause this excessive use, include but are not limited to: CGI scripts, FTP, PHP, HTTP, etc.
  • Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
  • Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
  • Run any software that interfaces with an IRC (Internet Relay Chat) network.
  • Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
  • Participate in any file-sharing/peer-to-peer activities
  • Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
  • Run cron entries with intervals of less than fifteen (15) minutes.
  • Run any MySQL queries longer than fifteen (15) seconds. MySQL tables should be indexed appropriately.
  • Include the URL when using PHP include functions for including a local file. Instead of including 'http://yourdomain.com/include.php', use 'include.php' or '/home/username/public_html/include.php'.
  • Force html to handle server-side code (like php and shtml) to help reduce usage.
  • Use https protocol unless it is necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
  • INODES.

    The use of more than two hundred and fifty thousand (250,000) inodes on any shared or reseller account may result in a warning, and if no action is taken to reduce the excessive use of inodes, your account may be suspended. If an account exceeds one hundred thousand (100,000) inodes it will be automatically removed from our backup system to avoid over-usage, however, databases will still be backed up as a courtesy in our sole discretion. Every file (i.e. a webpage, image file, email, etc.) on your account uses up one (1) inode.

    User accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes is typically due to Users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past an acceptable amount of inodes. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: ":fail: No such user here".

    4) Zero Tolerance Spam Policy

    We take a zero tolerance stance against the sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists," purchased lists, and selling of lists will be treated as spam. We may terminate the account of any User who sends out spam with or without notice. Please read http://www.rubberhost.com/mailpolicy.html for our generalized mail policy. Please read http://www.rubberhost.com/dedicated-mailpolicy.html for our dedicated server mail policy.

    RubberHost reserves the right to require changes or disable as necessary, any website, account, database, or other component that does not comply with our policies, or to make any such modifications in an emergency that we deem necessary at our sole discretion.

    RubberHost reserves the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee or any charges incurred for blacklist removal at our sole discretion.

    5) Defamation Policy

    Websites hosted on RubberHost's servers in the U.S. are regulated by U.S. law. Accordingly, pursuant to Section 230(c) of the Communications Decency Act, RubberHost's policy is not to remove allegedly defamatory material from websites hosted on our servers unless the material has been found to be defamatory by a court, as evidenced by a court order. As a webhost, RubberHost is not a publisher of User content and we are not in a position to investigate the veracity of individual defamation claims. We rely on the legal system and the courts to determine whether or not material is indeed defamatory. In any case in which a court order indicates that material is defamatory, libelous, or slanderous in nature, we will disable access to the material. Similarly, in any case in which a U.S. court has placed an injunction against specified content or material being made available, we will comply and remove or disable access to the material in question.

    6) AUP Violations

    Resellers.

    If there is a violation of this AUP by one of a reseller's client's account, RubberHost will suspend the website in question and will notify the reseller so that the reseller can terminate the account. RubberHost may, but is not obligated to, monitor the account or website for any subsequent violations. The occurrence of additional violations may result in the immediate termination of your reseller account.

    Direct customers.

    Your Services may be terminated with or without notice upon any violation of this AUP. If applicable, violations will be reported to the appropriate law enforcement agency.

    A failure to respond to an email from our abuse department within forty-eight (48) hours, or as otherwise specified in the email, may result in the suspension or termination of your Services. All abuse issues must be dealt with via trouble ticket/email and will receive a response within forty-eight (48) hours.

    If you feel you have discovered a violation of our AUP please report it to: abuse@rubberhost.com.

    15) Trade marks

    This website makes references to several companies that are not related or affiliated with Zumada Limited. These trade marks belong to their respective owners.

    Zumada and the Zumada logo are trade marks of Zumada Limited, legally registered in the United Kingdom (UK00002633799), and may not be used or copied without our express permission in writing. We reserve all rights including the right to take legal action in order to protect our intellectual property, copyrights and brand identity.

    Last Updated: 7th June 2014

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