REM Graphics S.r.l. - Acceptable Use Policy (AUP)

Use of REM Graphics S.r.l. service constitutes acceptance and agreement to REM Graphics S.r.l.’s AUP as well as REM Graphics S.r.l.’s TOS (Terms of Service); REM Graphics S.r.l. reserves the right to revise, amend, or modify this AUP, our TOS and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS. All users of REM Graphics S.r.l.’s Internet services, and their clients, must comply with this AUP and our TOS.

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. REM Graphics S.r.l. may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your DedicatedNow account or other actions as detailed below without notice, based upon the nature of the violation.
This document is intended to provide a basic understand of REM Graphics S.r.l.'s Acceptable Use Policy. The following are guidelines for the establishment and enforcement of REM Graphics S.r.l.'s AUP. If a REM Graphics S.r.l. account violates this Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however based on the nature of the violation, could result in immediate termination of service.

The following constitute violations of this AUP:

• Illegal Activities: REM Graphics S.r.l.'s services may not be used for illegal purposes, or in support of illegal activities. REM Graphics S.r.l. reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
• Harm or Endangerment to other people: You may not use REM Graphics S.r.l.’s service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography, or use REM Graphics S.r.l.’s service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
• Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying infrmation is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
• Unsolicited E-mail, News Bombing (SPAM) Use of the REM Graphics S.r.l. service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending REM Graphics S.r.l. account. Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove any and all traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been completely removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation will be immediately and permanently removed from our network without notice. Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending REM Graphics S.r.l. account.
• Copyright or trademark infringement: Use of the REM Graphics S.r.l. service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Use of the REM Graphics S.r.l. service to collect, or attempt to collect, personal information about third parties without their knowledge or consent. Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
• Network disruptions: Use of the REM Graphics S.r.l. service for any activity which affects the ability of other people or systems to use REM Graphics S.r.l. Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. REM Graphics S.r.l. will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. REM Graphics S.r.l., does not allow the hosting of IRC, IRC Bots, or eggdrops on our network. Servers found hosting this material will be subject to immediate cancellation without refund. Use of the REM Graphics S.r.l. service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of REM Graphics S.r.l.'s or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending REM Graphics S.r.l. account is subject to immediate termination.
• Security: You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
• Network Security: REM Graphics S.r.l. accounts operate on shared network resources. Excessive use or abuse of these resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

REPORTING VIOLATIONS OF REM Graphics S.r.l. AUP

REM Graphics S.r.l. requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse@rem-graphics.com if possible, please provide the IP address used to commit the violation, date and time of the violation, and evidence of the violation.

REM Graphics S.r.l. - Terms of Service (TOS)

Use of REM Graphics S.r.l.’s service constitutes acceptance and agreement to REM Graphics S.r.l.’s AUP (Acceptable Use Policy) as well as REM Graphics S.r.l.’s TOS (Terms of Service). From herewith in this TOS, AUP, and SLA, the usage of “us”, “we”, “our”, “ours” shall constitute reference to REM Graphics S.r.l., the usage of “you”, “your”, “they”, “them” shall refer to client / customer of REM Graphics S.r.l.

Acceptance of Contractual Agreement

1. Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by REM Graphics S.r.l., that you are agreeing to our TOS, AUP, and SLA. No Modifications of said contract by customer is allowed.
2. REM Graphics S.r.l. will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, AUP, SLA, and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.
3. In connection with any Hosting Services, if Customer’s actual bandwidth usage in any month exceeds allotted amount, specified in Customer’s contract, Customer will pay REM Graphics S.r.l. any additional fees as specified in the Service Description.

Payment:

Establishment of this service is contingent upon receipt of payment from Customer to REM Graphics S.r.l. subsequent payments are due on the anniversary date of the month for that month’s service, unless customer requests all monthly payments to be consolidated to one specific billing date. Any additional services relative to a primary hosting account, will be prorated to the primary hosting account’s monthly recurring billing date, along the following guidelines of prorating methodology: (total monthly fees/ 30) * number of days to monthly recurring billing cycle. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services.

Methods of Payment
REM Graphics Srl currently accepts payments through credit cards (VISA and MASTERCARD) or through wire transfer. Regardless of the payment method chosen by the customer, all REM Graphics services must be prepaid. The accepted currencies are EUR, GBP and USD.

Payments and Fees:

Payment is due on the defined monthly recurring billing date of each month. Credit cards that are declined for any reason are subject to a €10,00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a €200,00 reconnect charge. Accounts not paid by due date are subject to a €7.95 late fee. Accounts that are not collectable by REM Graphics S.r.l. will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than Fifty(€50,00) nor more than One Hundred, Fifty(€150,00)

Delinquent Accounts:

REM Graphics S.r.l. may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.

Account Cancellation:

All requests for canceling any service / services must be made in writing with at least 30 days notice but not more than 60 days prior written notice and faxed to +39.071.2901232. Confirmation Receipt of cancellation will be sent within 24 hours of our normal cancellation department hours of 9AM to 5PM ITALY Monday - Friday

Refunds and Disputes:

Refund
Refunds will be given at the discretion of the company management.

Money back warranty
REM Graphics Srl aims at providing quality service for the best prices, and only wishes to serve satisfied customers. Hence, we provide a money back warranty to all customers that for some reason would not be satisfied with their account.

If you are unhappy with the service provided by our company, please request a refund within 30 days after purchase. The following limits apply:

Hosting accounts will be refunded 100% of its original value.
Reseller accounts will be refunded 75% of its original value.
Domain names, domain name reseller accounts and possible set-up fees are non-refundable.

REM Graphics S.r.l. - Service Level Agreement(SLA)

Dedicated Servers is defined as servers that are rented to Clients. This service is to provide the clients with knowledge and overview of the server. From time to time security updates, patches, kernel upgrades, and System Administration may be performed free of charge. In addition to these services System Administrator may make recommendations to improve the overall performance, security, and updates to the service. At the sole discretion of the System Administrator any installation, configuration, or tuning of the server may be considered billable, and you will be notified and requested to approve any additional charges. Any Support not included with your dedicated server, will be subject to a €75,00 an hour labor fee, billed in ½ hour increments during office hours between 8:00am – 10:00pm (ITALY) After-hours support will incur a €150.00 an hour labor fee, billed in ½ increments in effect from 10:01pm – 7:59am (ITALY) REM Graphics S.r.l. will not perform maintenance, security checks, or management without client initiating such request. REM Graphics S.r.l. does not take responsibility for the overall security of servers.

Network Uptime is the total time in a calendar month that REM Graphics S.r.l. network is available through the Internet, provided that Client has established connectivity. REM Graphics S.r.l. takes responsibility Network availability within their network, however, we cannot be held liable for upstream problems, outside of our network. Our guarantee is that our Network will be available to clients free of Network Outages, rendering 100% packet loss 99.9% of each calendar month.

Network Outages or Unscheduled downtime is any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services as described in the section titled “Network Uptime” above. A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in REM Graphics S.r.l.’s Network as confirmed by REM Graphics S.r.l.. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.

Scheduled Downtime is any REM Graphics S.r.l. scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail with a minimum of 24 hours notice.

SLA Network Violation Credit occurs when our network uptime guarantee is not met. REM Graphics S.r.l. will refund the customer 5% of the monthly fee for each hour of downtime (up to 100% of your monthly fee) for network downtime. Network downtime is measured from the time the network is 100% unreachable, until service is once again restored. In order to request a performance credit, you must send a email with the time period, within 10 days of reported violation. SLA violations will be reviewed by our personnel Monday – Friday 9AM to 5PM ITALY. *Network violation SLA credit does not cover server hardware failure.*
• Performance Credit exclusions: The following are excluded from the monthly calculation of Service Availability:
• Scheduled downtime
• Problems outside of REM Graphics S.r.l.’s network (upstream providers, or client’s inbound connection) not effecting 100% loss to our network
• Interruptions or failure of individual service caused by client, their employees, client’s customers, etc. to their service. These include inaccurate configuration, 3rd party software, client abuse or over utilization of resources, hacked servers, attacks, exploits, or server hardware failures.

Server Hardware for Dedicated Servers

Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included for Dedicated Servers.

Hardware replacement will occur within 6 hours of the reported problem, REM Graphics S.r.l. will refund 5% of the monthly fee per additional 6 hours of down time (up to 100% of customer's monthly fee). In order to reduce replacement hardware downtime, we keep a small quantity of pre-built systems on hand to swap out Hard disks, so that your server can be back up in the shortest amount of time. For Hard disk failures, we keep pre-installed drives with our standard partitioning for immediate deployment. In order to request an SLA hardware violation credit, you must email sales, within 10 days of reported violation, at: . SLA violations will be reviewed by our personnel Monday - Friday 9AM to 5PM ITALY. *Hardware SLA violations do not cover network violation*

• Performance Credit exclusions: The following are excluded from the monthly calculation of Service Availability:
• Scheduled downtime
• Interruptions or failure of individual service caused by client, their employees, client’s customers, etc. to their service. These include inaccurate configuration, 3rd party software, client abuse or over utilization of resources, hacked servers, attacks, exploits, or server hardware failures.

Replacement is defined as returning the server to original configuration when it was purchased. If hardware failure causes corrupted Operating System, Data Files, or Configuration of server, REM Graphics S.r.l. will restore the system to original state.
REM Graphics S.r.l. is not responsible for the restoration of data to server. We strongly recommend that your purchase backup options for your server, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, you the client are responsible for data restoration. REM Graphics S.r.l. shall not be liable for loss of data under any circumstance.