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Terms of Service

The following Terms of Service (herein named TOS) applies to all websites/domains/VPS/dedicated/cloud/colocation services hosted by RyStark, LLC. The term "applies" is defined as total content of each website/domain/VPS/dedicated servers, as well as "links" from any website/domain/VPS/dedicated servers, or to any website/domain. All clients are bound to this agreement immediately upon signing up. It is your responsibility to read this document prior to using our services and to keep up with any revisions made in the future as you will be bound by them as long as you are a customer of RyStark, LLC.

  • You agree to provide RyStark with accurate, complete and up-to-date billing information, including your legal name, electronic mail (e-mail) address, home address, business address and telephone number. All changes to this information must be reported to RyStark within fifteen (15) days of the change.
  • You may not upload any material that violates or infringes on the copyright, intellectual property rights or trademark rights of any individual or organization.
  • Any illegal or offensive data and web site content such as, but not limited to, piracy, hacking, cracking, phreaking, warez, pyrotechnics, exploitive software or text that educates or encourages this activity and/or use are not allowed.
  • RyStark, LLC. will not be held liable for loss of data under any circumstance. While we do make regular account backups on certain accounts, our users are required to do the same manually. You, the end user, is ultimately responsible for keeping your own backups in case of an emergency. RyStark will put forth its best effort to provide backups, but if they are not available for whatever reason, it is left up to the client to have their account(s) recreated from their own private backups.
  • As our client, you are responsible for your own website files. You are responsible to keep them updated and secure. You are required to administer and modify your website and/or server/service provided by RyStark.
  • You may not upload ROMs and Emulators. This is non-negotiable.
  • No sites/servers hosted by RyStark, LLC. are allowed to run pyramid schemes such as HYIPs. Any site found doing this may be terminated without notice.
  • You may not publish any material that is grossly offensive, including , exploitation of children, blatant expressions of bigotry, hatred, harassment, defamation, or invasion of privacy. This includes material that defames, abuses, harasses or threatens any person or group.
  • Spam/email marketing is not allowed, and you may not reference RyStark, LLC. in any unsolicited email that you send.
  • After 2nd complaint we reserve the right to add a $50 debit to your account for each subsequent complaint we get pertaining to the same type of issue.
  • AtlantaNAP DMCA Policy - A DMCA in the AtlantaNAP datacenter can carry a fine of up to $125. This only applies to the services that are located in the AtlantaNAP datacenter. None of our other locations have this policy.
  • You may not use your service in the commission of any crime that violates the laws of local, state, and federal government of the United States of America.
  • You are solely and fully responsible for the contents of your account. Any and all repercussions will be born solely by you as the account holder.
  • In no event will RyStark, LLC. be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use RyStark, LLC.'s services or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of, or use of any record.
  • We reserve the right to terminate any account without warning or notice if any of the restrictions in this document are violated and to examine the contents of any account at any time. If you are terminated due to a violation of our terms of service you agree that you will not receive any partial refunds and that this shall be considered a reasonable estimate of the liquidated damage and not a penalty.
  • Resource Usage (Shared) - We reserve the right to suspend any account that is slowing down the overall performance of the shared server. This does include CPU usage. If your site uses 15% or more of the total CPU for 20 seconds, your site may be suspended without prior notice. Your account may be suspended without notice. We will work with you to find a more suitable solution for your website.
  • Resource Usage (Dedicated) - It is up to you, the client, to keep track of how much bandwidth your account uses. Any metered account going over the allotted bandwidth will be billed at a rate of $1/GB.
  • Bandwidth Usage (AtlantaNAP) - The bandwidth allocation that comes with your server (10mbps, 100mbps or 1GBPS) is completely usable and you can burst to the full port size. However, your average monthly usage must not be over 35% of this allocated rate (3.5mbps, 35mbps or 350mbps respectively), or your account will be subject to review. Dedicated file download or sharing websites in nature are not prohibited as long as a formal arrangement and consent is made with RyStark. Failure to abide by this policy may result in service suspension or termination. Customers continually using excessive bandwidth may be asked to move and/or upgrade their service plan on our AtlantaNAP line of servers. Excess bandwidth consumption is determined by and end upon at the sole discretion of RyStark with no prior notice being required.
  • Bandwidth Usage (AtlantaNAP) - Dedicated file download or sharing/CDN (content delivery network) websites in nature are not prohibited as long as a formal arrangement and consent is made with RyStark. Failure to abide by this policy may result in service suspension or termination. Customers continually using excessive bandwidth may be asked to move and/or upgrade their service plan on our Softlayer line of servers.
  • Bandwidth Usage (Softlayer) - CDN (content delivery network) websites are prohibited on our 100TB Softlayer servers.
  • 30 Day Money Back Guarantee only applies to our RSBudget, RSshared and RSreseller plans. Dedicated & Cloud servers, VPS, domain names, ssl certificate fees and any other additional fees are not covered under this policy. Upon the expiration of the 30 Day period, no refunds will be issued.
  • (Shared Services) - For any shared account, you have 6 days after the due date of the invoice to pay in full for the coming month. If you do not, your account is suspended and terminated. You must contact us if you are unable to pay the bill prior to the due date! Accounts that are not collectable by RyStark may be turned over to an outside collection agency for collection. RyStark reserves the right to use any means necessary to collect the funds owed, including, but not limited to, the usage of past credit cards on file for the client. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If RyStark has to take the matter to court, you agree to pay all attorney, collection agency and processing fees, as well as any other fees accrued by RyStark while attempting to collect funds owed. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. RyStark is not responsible for any fees assessed on the client by their bank as a result of the client's account being invoiced.
  • Credit Card Policy - When a new credit card is added, it becomes the default automatic payment for the services on your account. To request to turn this feature off, the client must contact RyStark Billing department through their client account.
  • Payment Policy (Dedicated Services) - If the payment is not received by RyStark on the due date, your service may be discontinued or terminated without notice at any time thereafter. RyStark also reserves the right to suspend the account in full if the account is severely overdue. The severity will be decided at the sole discretion of RyStark on a case by case basis. There will be a $40 reconnection fee debited to your account. You also understand that RyStark may suspend all services on the account until the overdue invoices are paid in full. All due invoices must be paid in full to get your service(s) reactivated. All unpaid invoices may be turned over to a collection agency and the client will be responsible to pay a service fee of no less than $50 and no greater than $150. RyStark reserves the right to use any means necessary to collect the funds owed, including, but not limited to, the usage of past credit cards on file for the client. The client will also be responsible for paying all collection, legal, and attorney costs. All payments to RyStark are non-refundable unless otherwise noted. For all first time clients, we do require you to submit documentation to finalize the order via fax or scan/email. RyStark is not responsible for any fees assessed on the client by their bank as a result of the client's account being invoiced.
  • Service Cancellations - You must submit a cancellation request to our billing department atleast 7 days before your renewal date within your client account. This is non-negotiable. If you fail to do this, you will be charged for the next month's service. In order for the cancellation to be valid, you must submit your domain name or server IP address and confirm the cancellation with us.
  • Adult Content & Nudity - Legal adult content (models are 18 years old and up) is allowed on our shared accounts as well as all of our dedicated server and VPS lines. We reserve the right to be the sole body to decide what is viewed as "legal".
  • We reserve the right to not honor the 30 Day Money Back Guarantee policy to anyone who has actively and repeatedly used their account and/or server for spamming, phising, hacking or any other illegal activity expressed through out this Terms Of Service document. To be considered an 'active' or a 'repeated' offender, the user must have been, but not limited to, either warned by us, caused the integrity of the server to decrease in any way, was reported by a third party to our Abuse Department, or was determined to be of a risk through any one of our monitoring services.
  • IRC Guidelines - We allow IRC on our Florida, Chicago and Denver Unmetered Network only. It is not allowed in any shape or form on our Peer1 network. The IRC must have a good purpose and not attract unwanted attention as well as connecting to public servers. We reserve the right to take your server offline should it present any danger to our network. We will be the sole judges of what a danger may be.
  • Hardware SLA (Applies only datacenters on our website)- We guarantee a four (4) hour hardware replacement timeframe after the defective part has been identified. This applies to all of our datacenters except for Denver, Chicago and Zlin where there is no hardware SLA.
  • 99.9% Uptime SLA (Applies only datacenters on our website) - If we fail to provide you with atleast 99.9% uptime during each given month, you will be entitled to a refund of one full day's service credited to your account for each hour of downtime. To claim your credit, please contact our Billing Department within five (5) days of the downtime agreement breach. We are able to provide 100% network and power uptime guarantees, as well as 4 hour hardware replacement guarantees at certain locations. Please contact us for more details. Does not apply to Chicago/Denver, London and Florida.
  • Packet Loss - (Applies only datacenters on our website) RyStark, LLC. guarantees less than 1% average packet loss over the internet within the continental United States. Packet Loss is calculated by averaging measurements between various points on the RyStark, LLC. network during the calendar month. If our average packet loss is more than 1% in the US over a one month period, one full weeks's service credit will be awarded. To claim your credit, please contact our Billing Department within five (5) days of the downtime agreement breach. This does not apply to the unmetered shared Chicago network.
  • Latency (Applies only datacenters on our website) - RyStark, LLC. guarantees that the average monthly latency for round-trip transmissions will be 100 milliseconds or less within the continental United States. Latency is calculated by averaging measurements between various points on the RyStark, LLC. network during the calendar month. If our average latency exceeds 100 millisecond over a one month period, one full week's service credit will be awarded. To claim your credit, please contact our Billing Department within five (5) days of the downtime agreement breach.
  • Exceptions to SLA Agreement - SLA does not apply to any services located in datacenters that are not listed on our website (www.RyStark.com). Customer shall not receive any credits under this SLA in connection with any failure or deficiency if caused by or associated with: Circumstances beyond RyStark, LLC.'s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications, upstream providers or third party services, failure of third party software or inability to obtain raw materials, supplies, hardware failure not caused directly by RyStark, LLC. or power used in or equipment needed for provision of the service level agreement. In an event of a scheduled downtime on any of RyStark, LLC.'s networks, no credit will be provided.
  • Violations of system or network security are prohibited, and may result in criminal and civil liability. RyStark, LLC. will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. For continuous infactions a fee will be assessed at a rate of $50/hr with a minimum of $50. RyStark will be the sole arbitor in determining the fee.
  • Construction, Venue, Jurisdiction. This Agreement and any claim, action, suit, proceeding or dispute arising out of or in connection with this Agreement shall in all respects be governed by, and interpreted in accordance with, the substantive laws of the State of New York. Venue for any actions arising under this Agreement shall vest exclusively in courts located in the State of New York. Customer hereby submits to the jurisdiction of the aforementioned courts, and agrees that it will not assert lack of personal jurisdiction as a defense to any such action. Customer acknowledges that their attorney has reviewed and participated in the construction of this document and nothing herein shall be viewed as to have favorable construction.

Examples of system or network security violations include, without limitation, the following:

  • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
  • Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
  • Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
  • Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
  • Use of RyStark, LLC. service to transmit any material (by e-mail, uploading, bittorent, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
  • Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of RyStark, LLC. 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 your account.
  • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
  • Force Majeure - RyStark shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond RyStark' control, including, without limitation, labor disputes, civil commotion, war, governmental regulations or controls, casualty, inability to obtain materials or Service(s) or acts of God, significant failure of a power grid, significant failure of the internet, or other events of a magnitude or type for which precautions are not generally taken in the industry.

Any accounts cancelled/terminated by RyStark, LLC. for violation of our Acceptable Usage Policy do not qualify for the 30-day money back guarantee. Only first-time accounts are elegible for a refund. If you have had an account with us before, cancelled it then signed up again, you will not be eligible for a refund.

  • Any and all legal matters will be filed in the state of Texas, regardless of where the other party is located.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A RyStark, LLC. CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER.

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