Terms of Service

Rica Web Services. (“RWS”, “The Company”) agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of RWS Services constitutes acceptance and agreement to RWS’s AUP (Authorized Usage Policy) as well as RWS’s TOS (Terms of Service).

All provisions of this contract are subject to the TOS and AUP of RWS. The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the province of Quebec and Canada.

Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition, RWS shall have the right to terminate all service set forth in this Agreement.

1. Service Rates

Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

2. Payment

Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month’s service. All accounts and services provided by RWS are subject to the current tax rate as imposed by the province of Quebec and Canada.

3. Payments and Fees

Service will be interrupted on accounts that reach 3 days past due. If you desire to cancel your account, please follow the proper procedure outlined in this TOS.

4. Refund and Disputes

a. Money-back guarantee: We offer a 7 day money-back guarantee on all our VPS plans. Refund requests for all orders (monthly or yearly) must be submitted within 7 days of the purchase date or invoice payment date (including cryptocurrency payments). Refund requests submitted after these periods will not be processed, including those requested as account credit. For orders paid with cryptocurrency, any approved refund is issued only as account credit and cannot be returned to a wallet or alternative payment method.

b. Refund: All payments to RWS are non-refundable. This includes the one-time setup fee and subsequent charges regardless of usage, with the exception of the money-back guarantee on the first payment on VPS plans. Payment processor fees are not refundable.

c. Disputes: All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in the Company’s sole discretion, is a valid charge under the TOS and/or AUP, you agree to pay RWS an “Administrative Fee” of not more than $50.

d. The refund policy applies only once per client — a client cannot use it to refund more than one VPS/server/webhosting package.

e. Refunds do not include payment processor fees, as currently no payment processor refunds those fees.

5. Failure to Pay

The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus any collection fees.

6. Account Cancellation

All requests for cancelling accounts must be made through our client area by issuing a cancellation request prior to the service renewal date.

7. Service Interruption & Liability

Subscriber acknowledges that service can be interrupted for many reasons other than the negligence of the Company, and that damages resulting from interruption are difficult to ascertain. The Company shall not be liable for damages arising from causes beyond its direct and exclusive control. The Company’s liability for its own negligence shall not exceed an amount equivalent to charges payable by Subscriber during the period damages occurred. In no event shall the Company be liable for any special or consequential damages, loss or injury.

8. Support Boundaries

RWS provides 24×7 technical support, limited to our area of expertise — support related to your VPS/dedicated server’s physical functioning. RWS does not offer application-specific support (CGI programming, HTML, application installation, etc.) and does not provide support to your customers. Please email support (at) servarica (dot) com for assistance.

9. SPAM and Unsolicited Commercial Email (UCE)

RWS takes a zero-tolerance approach to UCE/SPAM over our network. Customers may not use or permit others to use our network to transact in UCE, nor host sites advertised by UCE from other networks. Violations carry severe penalties, including termination of service.

a. Upon notification of an alleged violation, RWS investigates within 48 hours and may restrict access during the investigation. Confirmed violations may result in restriction, suspension or termination at RWS’s sole discretion, plus civil remedies for investigation costs. Law enforcement is notified for suspected criminal offenses.

b. A first violation will be reviewed for possible immediate termination; a second results in immediate termination. Violators agree to pay “Research Fees” not exceeding $75.00 per hour of investigation.

c. Customers are responsible for the actions of their own clients and should adopt a similar or stricter policy.

Any server that supports spammers or causes RWS IP space to be listed in spam databases will be immediately removed from the network until the offending material is removed and verified. Severe or repeat violations may result in permanent removal without notice.

10. System and Network Security

Users are prohibited from violating or attempting to violate network security, which may result in civil or criminal liability. Violations include, without limitation: accessing data or accounts not authorized; probing/scanning or testing vulnerability without authorization; interfering with service (overloading, flooding, mail-bombing, crashing); forging TCP/IP packet or email/newsgroup headers; and taking action to obtain services one is not entitled to.

11. Notification of Violation

a. RWS has no duty to monitor each customer’s activities to determine AUP violations.

b. First violation: a warning email; service may be temporarily suspended pending written agreement to stop.

c. Second violation: immediate suspension or termination without further notice.

d. RWS may drop the section of IP space involved in spam or denial-of-service complaints if the activity causes great harm; in rare cases this may occur before contacting you, in which case we contact you as soon as feasible.

12. Suspension of Service or Cancellation

RWS may suspend network access if, in the judgment of its network administrators, a customer’s server is the source or target of an AUP violation, or for any other reason. If inappropriate activity is detected, all of the customer’s accounts may be deactivated until the investigation is complete; prior notification is not assured. In extreme cases law enforcement will be contacted. No credit is given for suspended time.

13. Amendment of Policies

RWS reserves the right to amend its policies at any time. All sub-networks, resellers and managed servers must adhere to these policies. Failure to follow any term is grounds for immediate cancellation. You are responsible for the actions of your clients and should implement a similar or stricter acceptable-use policy.

14. Indemnification

By agreeing to the AUP and TOS, the customer indemnifies RWS for any violation that results in loss to RWS or a third-party claim against RWS. If RWS is sued because of a customer’s (or their customer’s) activity, the customer will pay any damages awarded plus all costs and attorney’s fees.

15. Miscellaneous Provisions

You must provide and keep current good contact information (email, fax, telephone — in that order of preference).

a. A waiver of any breach is not a continuing or subsequent waiver, nor a waiver of any other provision.

b. Subscriber may not transfer or assign this Agreement without the Company’s prior written consent. The Company may assign at any time without consent or notice and reserves the right to cancel a customer’s rights at any time without further obligation.

c. RWS takes no responsibility for material input by others, nor for the content of linked websites; links are navigation tools only.

d. RWS is not responsible for damages your business may suffer and makes no implied or written warranties, including merchantability for a specific purpose. This includes data loss from delays, non-deliveries, wrong delivery, and service interruptions.

16. Responsibility for Content

You, as RWS’s customer, are solely responsible for the content stored on RWS.

Acceptable Use Policy (AUP)

RWS’s Acceptable Use Policy is provided to give customers a clear understanding of what RWS expects of them. All users — including those who access some services without an account — must comply with this AUP and the TOS. Use of RWS Service constitutes acceptance of both.

Important: All payments to RWS are non-refundable, with the exception of the 7-day money-back guarantee on VPS plans.

We support the uncensored flow of information and do not actively monitor subscriber activity under normal circumstances, nor exercise editorial control over content. However, per the TOS we may remove material that, in our sole discretion, may be illegal, may subject us to liability, or violates this AUP, and we may cooperate with legal authorities. Violation may result in suspension or immediate termination without prior notice.

Guidelines behind the AUP: ensure reliable service; ensure security and privacy of our systems and others’; comply with existing laws; maintain our reputation; encourage responsible internet use; preserve the value of internet resources for free expression; and preserve the privacy and security of individual users.

You may not use your dedicated rack or virtual site to publish material that RWS determines, at its sole discretion, to be unlawful, indecent or objectionable. “Material” covers all forms of communication including text, graphics, executable programs, video and audio.

Violations of the AUP

Illegal Use: Services may not be used for illegal purposes or in support of illegal activities. RWS may cooperate with legal authorities and injured third parties.

Harm to Minors: Using the service to harm or attempt to harm minors in any way, including child pornography, is prohibited.

Threats: Transmitting material that threatens or encourages bodily harm or destruction of property is prohibited.

Harassment: Transmitting material that harasses another is prohibited.

Violation of RWS Accounts: It is absolutely forbidden to host pornographic content or IRC servers (IRC clients are allowed) on virtual servers, dedicated servers or shared hosting accounts. Accounts found hosting this material are subject to immediate cancellation without refund.

Obscene Speech or Materials: Using the network to advertise, transmit, store, post, display or make available child pornography or obscene material is prohibited. RWS is required by law to notify law enforcement when it becomes aware of child pornography on or transmitted through its network.

Fraudulent Activity: Using the service to make fraudulent offers or advance financial scams (pyramid schemes, ponzi schemes, chain letters) is prohibited.

Forgery or Impersonation: Adding, removing or modifying network header information to deceive or mislead is prohibited, as is impersonating any person via forged headers. Anonymous remailers or nicknames do not constitute impersonation.