This Web Site and Virtual Private Server Service Agreement (“Agreement”) is by and between Rotovac Corporation. (“Rotovac”), a Washington Corporation, and You, Your heirs, assigns, agents and contractors (“You”) and is effective as of the date of setup. This Agreement sets forth the terms and conditions of Your use of Rotovac’s Web Hosting services (collectively, the “Services”) and represents the entire agreement between You and Rotovac. By using the Services, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies, including the Universal Terms of Service which Rotovac may establish from time to time. Signing this digital contract signifies you are happy with your equipment package and waive the right to return it.

Your website is good indefinitely as long as the hosting fees are collected on the account. Rotovac will host your web site on a Rotovac server, provided, however, You abide by the terms and conditions set forth herein and in each of Rotovac’s policies and procedures.

If your website has the optional ‘request a quote’ form: We ONLY support the quote form when it is pointed to your Rotovac hosted email account (username@yourwebsite.com). Not Gmail, Live.com, Comcast, AOL or any other email system. If you prefer it to be pointed to a different address we can do that for a setup charge of $20. However we do not offer third party email support for the form. Including problems with quote requests that don’t reach our customers’ email accounts if they are not webmail email accounts.

Regular Hosting Plans: Includes 30 minutes a month of free work on your website.

No Tech Support Hosting Plans: You pay for work as you need it. The cost is $65 per hour.

*Monthly costs have been rounded up and down to make them less confusing. All hosting plans include email service and domain name renewal.

2. License of Your Web Site Content

All content that is initially provided with a website setup is owned by Rotovac Corporation. This includes written content, images, forms, logos, etc. Any other content that is uploaded and/or written by You on your website is owned by You unless the content has specific copyrights attached to it. This includes but is not limited to images, articles, videos, content and other materials used on your website. All copyright materials MUST have permission to be used on your website. In the event that permission for copy written material is not obtained upon uploading and the said owner of the copyright material objects, your website will be disabled until all copy written material is removed from the website.

Your website is property of Rotovac Corporation until such a time as you have payed for atleast one year of web hosting, no domains or website files will be given to you until you have payed for atleast one year. If after paying for hosting you decide to switch to a different company, we will be happy to provide you with your domain name and files.

3. Availability of Services

Subject to the terms and conditions of this Agreement, Rotovac shall attempt to provide the Services for twenty-four (24) hours per day, seven (7) days per week throughout the term of this Agreement. You agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: Equipment malfunctions; Periodic maintenance procedures or repairs that Rotovac may undertake from time to time; or Causes beyond the control of Rotovac or that are not reasonably foreseeable by Rotovac, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures.
By purchasing these services through Rotovac you agree that Rotovac has no control of availability of the Services on a continuous or uninterrupted basis.

4. Web Site Content

Notwithstanding anything in this Agreement to the contrary, in the event You are using Rotovac hosting, in no event shall Your web site consist of the following: advertising search results, advertising registration, “thank you advertising”, advertising emails or chat pages, pages comprised primarily of other advertising or pages containing any of the following types of content:

• Pornographic, obscene or excessively profane content;
• Content intended to advocate or advance computer hacking or cracking;
• Gambling;
• Illegal activity;
• Drug paraphernalia; or
• Hate, violence or racial or ethnic intolerance.
• Content that may harm Rotovac or our industry reputation.

5. Security Provided Through Your Website.

Rotovac has developed an easy to use Web Management Console for your use 24 hours a day, 7 days a week to update content, check your email, and track your website statistics. This part of your site is password protected along with your e-mail login and website statistics. In the event that your Web Management Console compromised and changes were made without your permission we will take the proper steps to secure your site but are not responsible for lost or damaged content on your website in the event of system failure or a hacker attack.

6. Services Rotovac Is Not Responsible For

You will NOT rank number one on Google the minute your site is running. Rotovac has provided target optimized website pages to better your chance in website rankings but is NOT responsible for where your site lies in the search engines. We will, however, help you with optimizing your pages for best search engine results (put in keywords, change your title, etc). We have no control over Google’s ranking system but will do what we can to help you optimize your pages. Although we are available for consultation on SEO issues ultimately the success or failure of your website is in your hands as link building and other necessary steps to ensure success are services we provide help on but are not services that are included with your website.

7. Late Payment

Late payments are subjected to Rotovac’s standard delinquent account terms and conditions.

8. Rotovac’s Rights

Rotovac explicitly reserves the right and sole discretion to:

• Change pricing at anytime without prior notice
• Establish limits and guidelines concerning the use of Services
• Terminate your use of services for use of Services to unnecessarily or illegally harass Rotovac or third parties, non-payment of fees for Services, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the United States and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of Rotovac, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that Rotovac determines, in its sole discretion, to be harmful to its other customers, operations, or reputation;
• Terminate your use of the services if Your use of the services results in, or is the subject of, legal action or threatened or proposed legal action, against Rotovac without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit; and Terminate your use of services at any time and for any reason if deemed reasonably necessary by Rotovac.

9. Backups

While Rotovac takes measures to ensure our servers are backed up we cannot guarantee 100% data protection. If your data is lost to no fault of your own we will make every effort to restore the original data of your website. If changes were made to your website after initial setup there is no guarantee that the information will not be completely saved if the server were to have an intermittent problem. We will be able to restore you’re your website but do not guarantee all of the information that may have been added after the initial setup. If you have broken your own website by editing your CMS we will fix the issue as best we can but do not guarantee we will be able to restore it to where it was before you broke your website. In the event we need to fix a website because of actions taken by or for a client we will charge them at our standard rate of $65 an hour.

10. Included Services

Unless otherwise specified all premium websites on tech support hosting plans include 30 minutes of free work a month which you can use for any of our provided services including:

• Adding or removing website content
• Adding a “testimonials” page to the website
• Re-optimizing new content for SEO
• Changing your website header graphic
• Adding pictures or videos
• Changing a phone number
• Adding a drop down menu
• Making website coupons

The following services are not provided by Rotovac:

• Link Building
• Re-writing text
• Flash Animation
• Help setting up email in 3rd party applications
• Illustration
• Custom Flier Design
• We ONLY support the quote form when it is pointed to your Rotovac hosted email account. If you prefer it to be pointed to a different address we can do that for a setup charge of $20. We do not offer third party email support for the form