Terms of Service

1. Agreement

These Terms of Service (the "Terms") are a binding agreement between you ("you" or "Customer") and RareSRV, a Rare Media Group brand, with its principal place of business at 30 Pine Trl., Harpers Ferry, WV 25401 ("RareSRV," "we," "us," or "our"). By creating an account, ordering a service, or using any part of RareSRV, you agree to these Terms. If you do not agree, do not use the services.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. In that case, "you" and "Customer" refer to that entity.

2. Services

RareSRV provides shared web hosting (cPanel and DirectAdmin), Discord bot hosting, business email on customer-owned domains, and custom web design services (collectively, the "Services"). Specific features, resource limits, and delivery timelines for each Service are described on the relevant product page at raresrv.com or in an order you place through our client area at raresrv.com/billing.

Domain registration is not currently offered. You are responsible for acquiring and managing your own domains through a third-party registrar.

3. Account and eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account. You agree to provide accurate, current, and complete information and to keep that information updated. You are responsible for keeping your account credentials confidential and for all activity under your account.

You must notify us promptly at abuse@raresrv.com if you suspect unauthorized access to your account.

4. Fees and billing

Fees for each Service are listed on the relevant product page or in your order and are billed in advance on the cycle you select (for example, monthly, quarterly, or annually). All fees are in U.S. dollars unless stated otherwise. You authorize us, or our payment processor, to charge the payment method on file for each renewal until you cancel.

• Automatic renewal. Subscriptions renew automatically at the end of each term at the then-current price. You can cancel at any time through the client area; cancellation takes effect at the end of the current billing cycle.
• Failed payments. If a payment fails, we will attempt to collect for up to 7 days. Services may be suspended or terminated if payment remains unresolved.
• Taxes. Listed prices do not include applicable sales, use, VAT, or similar taxes, which we will add where required by law.
• Promotional pricing. Promotional rates apply only to the initial term unless stated otherwise and renew at the standard rate.

5. Refunds

We offer a 14-day money-back guarantee on all Services, measured from the date of first purchase of that Service. To request a refund, contact us at abuse@raresrv.com or open a ticket through the client area within the 14-day window.

The guarantee does not apply to:

• Third-party fees we pass through (for example, payment processor fees that the processor does not refund to us).
• Services terminated by us for violation of these Terms or the Acceptable Use Policy.
• Custom web design work after deliverables have been accepted by you.

Refunds after the 14-day window are at our discretion. Renewals (after the first term) are non-refundable, but you can cancel future renewals at any time.

6. Acceptable use

You agree not to use the Services to host, transmit, or link to content that:

• Violates U.S. federal law, West Virginia or New York state law, or the law of any jurisdiction that applies to you.
• Infringes intellectual-property rights, publicity rights, or privacy rights of others.
• Contains or distributes malware, ransomware, phishing kits, stalkerware, credential stuffers, or tools designed for unauthorized access to computer systems.
• Is child sexual abuse material (CSAM) or sexually exploits minors in any way. We report CSAM to the National Center for Missing & Exploited Children (NCMEC) as required by 18 U.S.C. §2258A.
• Promotes terrorism, or incites or facilitates violence against individuals or groups.
• Sends unsolicited bulk email ("spam") in violation of the CAN-SPAM Act (15 U.S.C. §7701 et seq.) or similar laws. This includes commercial messages without working opt-out, forged headers, or scraped recipient lists.
• Runs denial-of-service attacks, port scans, intrusion attempts, or network abuse against any party.
• Operates open mail relays, open proxies, IRC servers used for abuse, or botnet command-and-control.
• Mines cryptocurrency on shared hosting resources, or otherwise consumes disproportionate CPU, RAM, or I/O on shared infrastructure.

We may investigate suspected violations and cooperate with law enforcement. Violations may result in removal of content, suspension, or termination without refund. Report abuse to abuse@raresrv.com.

7. Your content

You retain all ownership of the content you upload, send, or create using the Services ("Customer Content"). You grant RareSRV a limited, non-exclusive, worldwide, royalty-free license to host, store, transmit, display, and back up Customer Content solely to provide the Services, maintain backups, and support you.

You represent that you have all rights necessary to upload and use your Customer Content on the Services and that doing so does not violate these Terms or any law.

You are solely responsible for maintaining independent backups of anything you cannot afford to lose. We take reasonable measures to back up data, but we are not a substitute for your own backup strategy.

8. DMCA and copyright

We respect intellectual-property rights and will respond to notices alleging copyright infringement in accordance with the Digital Millennium Copyright Act (17 U.S.C. §512).

Send DMCA notices to our designated agent:

A valid DMCA notice must include: (a) your physical or electronic signature; (b) identification of the copyrighted work; (c) identification of the allegedly infringing material and its location, with enough detail for us to find it; (d) your contact information; (e) a statement that you have a good-faith belief that the use is not authorized; and (f) a statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the rights holder.

We may remove or disable access to material claimed to be infringing and will terminate, in appropriate circumstances, the accounts of repeat infringers. Counter-notices are accepted at the same address.

9. Suspension and termination

We may suspend or terminate your access to the Services, in whole or in part, if: you materially breach these Terms or the Acceptable Use Policy; your payment is more than 7 days past due; your use puts other customers, our infrastructure, or third parties at risk; or we are required to do so by law or a valid legal process.

You may cancel any Service at any time through the client area. Cancellation takes effect at the end of the then-current billing cycle. Upon termination, we may delete your data after a reasonable grace period (typically 30 days). Export anything you need before then.

10. Warranty disclaimer

The Services are provided on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by law, RareSRV disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade. We do not warrant that the Services will be uninterrupted, error-free, or secure, or that data loss will not occur.

Some jurisdictions do not allow certain warranty disclaimers, so parts of this section may not apply to you.

11. Limitation of liability

To the maximum extent permitted by law, RareSRV and its owners, employees, and contractors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, revenues, data, or goodwill, arising out of or relating to the Services, whether based in contract, tort, or any other legal theory, even if we have been advised of the possibility of such damages.

Our total aggregate liability for any claim arising out of these Terms or the Services will not exceed the greater of (a) the total fees you paid to RareSRV in the 12 months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).

Some jurisdictions, including New York and West Virginia for certain claims, do not allow the exclusion or limitation of certain damages, so parts of this section may not apply to you. Nothing in these Terms limits liability that cannot be limited by law, including liability for gross negligence, willful misconduct, or fraud.

12. Indemnification

You agree to defend, indemnify, and hold harmless RareSRV, Rare Media Group, and their respective officers, employees, and contractors from any claim, demand, loss, or expense (including reasonable attorneys' fees) arising out of your Customer Content, your violation of these Terms, your violation of any law, or your violation of any third-party right.

13. Changes to the Services or Terms

We may update these Terms from time to time. If we make material changes, we will give you reasonable advance notice (typically at least 14 days) by email to the address on your account, or by posting a notice in the client area. Continued use of the Services after the effective date means you accept the updated Terms.

We may also modify or discontinue features of the Services. If we retire a Service you are paying for, we will provide at least 30 days' notice and a prorated refund of any prepaid, unused fees.

14. Governing law and disputes

These Terms are governed by the laws of the State of West Virginia, without regard to its conflict-of-laws rules. For customers residing in the State of New York, nothing in these Terms deprives you of the protections of New York law that apply to you notwithstanding this choice of law.

The exclusive venue for any action arising out of or relating to these Terms is the state or federal courts located in Jefferson County, West Virginia, and you consent to the personal jurisdiction of those courts. You and we each waive any right to a jury trial to the extent permitted by law.

No class actions: to the extent permitted by law, any dispute will be resolved on an individual basis, not as part of a class, consolidated, or representative action.

15. Contact