Rose Web Services L.L.C., provides backup services to a large number of clients. We have a responsibility to protect each client and provide the best services. The following guidelines have been established to insure this intent is met.

Rose Web Services L.L.C. ("The Company") agrees to provide services to the Customer, subject to the following AUP (Acceptable Use Policy). From herewith in this AUP, the usage of "us", "we", "our", "ours" shall constitute reference to Rose Web Services L.L.C., the usage of "you", "your", "they", "them" shall refer to the customer of Rose Web Services L.L.C.

Use of company services constitutes acceptance and agreement to the company's AUP as well as the company's TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of Rose Web Services L.L.C. and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company.

Content

You are responsible for any and all content in and under your account at all times. All services provided by Rose Web Services L.L.C. may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City laws is prohibited.

Rose Web Services L.L.C. is not responsible for any claims resulting from the use of our service. This is also true for accounts that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such materials are prohibited. This also includes, but is not limited to Adult content, pirated software, hacker programs/archives, copyrighted MP3s and videos, Warez, other copyrighted material or material protected by trade secrets and other statutes.

List Of Violations

Threats and unlawful conduct

Use of our service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property. Use of our services to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another person.

Fraud

Use of our services to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters." 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 information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

Attacks and Exploits

Any activity which affects the ability of other people or systems to use any services or other internet services. 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. It is the client's responsibility to ensure that their server is configured in a secure manner. A client may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. We will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems.

Server abuse

Any attempts to undermine or cause harm to any Company server or customer of ours is strictly prohibited. Rose Web Services L.L.C. holds no responsibility for the use of our clients' accounts. Any account that abuses resources and actions are not taken to desist, calls for immediate termination without any refund of payments made thus far. Any account using what we deem to be excessive cpu cycles or any other resources that cause strain to other accounts may also be offered new terms. Use of our services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of our or another entity's computer software or hardware, electronic communications system, or telecommunications system is also prohibited.

Bandwidth

All sites hosted by us have the privilege of unthrottled bandwidth. This means your content is placed on our ultra fast servers and connected to multiple backbones which allow a user to make backups at unrestricted speeds. If you make backups using a 56k modem or a DS-3, regardless, your account will always be reachable. You are not penalized for the high bandwidth backups that create high traffic spikes. If your account's monthly usage is above your monthly total data transfer allotment you will be billed for the overage or will be asked to upgrade to the next higher backup plan. We will work with clients to keep their accounts alive and fast at all times.

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. Sharing your password and account access with unauthorized users is prohibited and you will be held responsible for such use. Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service. You may not attempt to circumvent user authentication or security of any host, network or account. Users who violate systems or network security may incur criminal or civil liability. We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Refusal of Service

We reserve the right to refuse, cancel, or suspend service at our sole discretion.

We reserve the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner.