These General Terms and Conditions apply to CodeRedHosting Internet Hosting Services and any other services acquired by Customer under this Agreement (collectively the ''Services'')
1. Definitions: CodeRedHosting is a hosting company.
All charges are shown in US Dollars. Payments are to be made in US dollars. CodeRedHosting accepts the following types of payment:– PayPal
All payments are to be received via the CodeRedHosting portal system located at http://www.CodeRedHosting.com.au/AccountManager unless otherwise instructed in writing by a CodeRedHosting staff member.
All payments are due immediately for new orders and may include prorated amounts. All future invoices are due in full by the end of the billing cycle in order to avoid automatic service suspension and cancellation. You will get a copy of your invoice several days before. If you provide CodeRedHosting your credit card information, you authorize CodeRedHosting to automatically charge your credit or debit card for charges that apply to your account.
You are responsible for directly updating, or notifying CodeRedHosting, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status).
All invoices not paid in full by the end of the billing cycle will be subject to suspension and termination.
Customers agree to make payment of their balance due within ten (10) days of the Account Statement Date to avoid termination and destruction of all data.
All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees.
Dedicated server accounts will be charged $0.50 per Gigabyte of transfer over the limit specified in the contract. For Game Server accounts, overages will not be applied as long as usage is for gaming only. (No BitTorrent, or other non-gaming related usage)
Billing Cycles (Terms).
CodeRedHosting offers four Billing Cycles (terms) for hosting charges: Monthly, Quarterly (3 months) Semiannually (6 months) and Yearly (12 months). The Billing Cycle begins on the Plan Activation Date. You may elect to change your Billing Cycle at any time; however, the new Billing Cycle will only take effect at the time of the next plan renewal. All additional features added to an account are charged monthly. Additional items are non-refundable. All billing Cycles are calculated based on UTC.
In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan?s Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.
CodeRedHosting does not mail paper invoices or statements. Customers may elect to receive their monthly account billing statement via email or via the customer account portal at http://www.CodeRedHosting.com.au/AccountManager By default, non-credit card payment invoices are sent via email.
Returned (NSF) Checks or Bounced Paypal Payments
CodeRedHosting charges a $25.00 fee for returned (NSF) payments. Customers that issue an NSF payment will be required to submit future payments with a credit card.
Credit Card Chargebacks.
A $25.00 chargeback fee will be assessed for each credit card chargeback received by CodeRedHosting.
Hosting Plan Changes.
Customers electing to change to a different hosting plan may do so for free as long as 30 days notice has been given to CodeRedHosting. This includes location changes.
Customers may transfer their account to another account holder at no charge as long as the account is in good standing.
CodeRedHosting does NOT issue any refunds as our services are intangible. This includes monthly service fees and setup fees.
Cancellation requests must be received by CodeRedHosting a minimum of thirty (30) days prior to the end of your Billing Cycle. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by CodeRedHosting. CodeRedHosting is unable to cancel your account effective for a future date. CodeRedHosting will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact CodeRedHosting as soon as possible.
CodeRedHosting does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, game of software problems or any other secondary issues not directly related to CodeRedHosting's services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. CodeRedHosting Hosting Corp reserves the right to cancel any account, at any time, without notice, for any reason CodeRedHosting Hosting Corp considers appropriate.
Credit Card Disputes/Chargebacks.
CodeRedHosting has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at CodeRedHosting discretion. A charge of $25.00 per chargeback will be assessed to all accounts that receive a chargeback.
CodeRedHosting policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle unless you have a contract.
4.2 Acceptable Use Policies
Customer shall comply with all policies set forth in the Internet Acceptable Use Policies attached hereto.
5. Equipment or Software.
5.1 CodeRedHosting Responsibilities
CodeRedHosting shall not be responsible for the operation, or maintenance of equipment or software used with CodeRedHosting services by customer; nor shall CodeRedHosting be responsible for the transmission or reception of information by equipment or software not provided by CodeRedHosting.
5.2 Customer Responsibilities
Customer shall be responsible for the use and compatibility of equipment or software used with CodeRedHosting services.
In the event that Customer uses equipment or software which impairs Customer's use of any Services, Customer shall nonetheless be liable for payment for all monthly services, until such time as normal services are restored. The customer may additionally be held liable for unusual labor, software, or other equipment expenses incurred by CodeRedHosting that is required to repair or reinstate services, and when directly attributed to customer's equipment and/or software causing such damage or interruption. Upon notice from CodeRedHosting that any equipment or software not provided by CodeRedHosting is causing, or is likely to cause any hazard, interference or service obstruction, Customer shall immediately eliminate the cause of such hazard, interference, or service obstruction. If Customer fails to do so, CodeRedHosting may take such action as it deems necessary to eliminate such hazard, interference, or service obstruction.
6. Rights and Obligations of CodeRedHosting; Disclaimer of Warranties.
6.1 Maintaining Services
CodeRedHosting shall operate and maintain the Services. Customer shall be responsible for providing CodeRedHosting accurate information required to install the Services. CodeRedHosting shall not be responsible for operating or maintaining software; equipment or cabling that connects equipment not provided by CodeRedHosting to the Services.
6.2 Disclaimer & Customer Responsibilities
Customer agrees that CodeRedHosting and it's affiliates exercise no control whatsoever over the merchandise, information and services offered or made available or accessible on the Internet. Customer further agrees that CodeRedHosting has no obligation to monitor the Services.
CUSTOMER ASSUMES TOTAL RESPONSIBILITY AND RISK FOR CUSTOMER'S USE AND AUTHORIZED USERS' USE OF THE SERVICES, SOFTWARE, AND THE INTERNET. NEITHER CodeRedHosting NOR IT'S AFFILIATES MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NO INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE INTERNET, OR ANY TRANSACTIONS CONDUCTED ON THE INTERNET, AND NEITHER CodeRedHosting OR IT'S AFFILIATES SHALL BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH USE OR TRANSACTION.
6.3 Internet Risks
CUSTOMER UNDERSTANDS AND AGREES FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO SOME PEOPLE. CUSTOMER AND CUSTOMER'S AUTHORIZED USERS ACCESS SUCH MATERIALS AT CUSTOMER'S OWN RISK. CodeRedHosting HAS NO CONTROL OVER AND ACCEPTS NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
6.4 Warranty Disclaimer
THE SERVICES AND SOFTWARE ARE PROVIDED ON AN ''AS IS'' AND ''AS AVAILABLE'' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NO INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY CodeRedHosting, IT'S AFFILIATES OR IT'S CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY.
NEITHER CodeRedHosting, NOR IT'S AFFILIATES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
6.5 CodeRedHosting Liability
IN NO EVENT SHALL CodeRedHosting, IT'S AFFILIATES OR IT'S CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM CUSTOMER'S (OR CUSTOMER'S AUTHORIZED USERS') USE OF OR INABILITY TO USE THE SERVICES, THE SOFTWARE, OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR CUSTOMER'S (OR AUTHORIZED USERS') RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICES OR THE SOFTWARE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.
CodeRedHosting LIABILITY HEREUNDER TO CUSTOMER SHALL IN NO EVENT EXCEED AN AMOUNT EQUAL TO THE AVERAGE MONTHLY RECURRING CHARGE PAID BY CUSTOMER DURING THE PERIOD FROM EXECUTION OF THE AGREEMENT TO THE DATE A CLAIM IS MADE.
6.6 Customer Termination Option
If Customer is dissatisfied with the Services or with any terms, conditions, rules, policies, guidelines, or practices of CodeRedHosting applicable to the Services, Customer's sole and exclusive remedy is to terminate this Agreement in accordance with Section 3 and discontinue using the Services.
7. Failure to Comply With Agreement.
7.1 Customer Violations
CodeRedHosting may deny Customer access to, and cease to provide all or part of any Services without notice, if Customer: (a) violates any provision of CodeRedHosting Internet Acceptable Use Policies, which may be presented in the future, and thereafter modified from time to time, and after delivery to the Customer); or (b) engages in any conduct or activity that CodeRedHosting, in it's sole discretion, believes violates any of the terms and conditions of this Agreement, or that may cause a risk to CodeRedHosting including, but not limited to: civil or criminal litigation, charges, or damages.
7.2 Customer Data & Software
If CodeRedHosting ceases to provide services, or denies Customer access to any Services pursuant to 7.1, neither Customer, nor any of it's authorized users shall have any right (a) to access or retrieve directly from CodeRedHosting any materials stored on the CodeRedHosting equipment , but reasonable attempts shall be made to return customer's files and/or software at the customer's expense. Subject to review by CodeRedHosting, Customer may also obtain any reasonable credit(s) including customer's deposit. CodeRedHosting shall have no responsibility to notify any third-party providers of services, merchandise, or information of any discontinuance of any Services pursuant to this paragraph, nor any responsibility for any consequences resulting from lack of such notification.
Customer agrees to defend, indemnify and hold CodeRedHosting and it's affiliates harmless from any and all liabilities, costs and expenses, including reasonable attorneys's fees, related to or arising from: (a) any breach of this Agreement by Customer or Authorized Users; (b) the use of the Services or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by Customer or it's Authorized Users; (c) acts or omissions of Customer, Customer's officers, employees, agents or contractors in connection with the construction, installation, maintenance, presence, use or removal of systems, channels or terminal equipment or software not provided by CodeRedHosting which are connected or are to be connected to the Services; and (d) claims for infringement of patents or any intellectual property right arising from the use of any Services, equipment and software, apparatus and systems not provided by CodeRedHosting in connection with any Services.
Any dispute in connection with this Agreement which is not settled to the mutual satisfaction of the parties within thirty (30) days from the date that either party informs the other in writing that such dispute or disagreement exists, shall be settled by arbitration in Miami, Florida in accordance with the Commercial Arbitration Rules of the American Arbitration Association in effect on the date that such notice is given.
The decision of the arbitrator(s) shall be final and binding upon the parties and shall include written findings of law and fact, and judgment may be obtained thereon by either party in a court of competent jurisdiction.
Each party shall bear the cost of preparing and presenting its own case. The cost of the arbitration, including the fees and expenses of the arbitrator(s), shall be shared equally by the parties hereto unless the award otherwise provides. The obligation herein to arbitrate shall not be binding upon any party with respect to requests for preliminary injunctions, temporary restraining orders or other similar temporary procedures in a court of competent jurisdiction to obtain interim relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration of the actual dispute.
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.
10.2 Lack of Waiver
CodeRedHosting Failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.
Customer shall not assign this Agreement without the prior written consent of CodeRedHosting
10.4 Acts of God
CodeRedHosting will not be responsible for performance of its obligations hereunder where delayed or hindered by war, riots, embargoes, strikes or acts of its vendors, suppliers, or workmen, accidents, acts of God, or any other event beyond its reasonable control.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to any provisions thereof, which would cause the application of the laws of any other jurisdiction to this Agreement. Any cause of action Customer may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
10.6 Scope of Agreement
This Agreement constitutes the entire agreement between Customer and CodeRedHosting with respect to the Services.
10.7 Legal Cooperation
Customer agrees that CodeRedHosting has the right and responsibility to fully cooperate with legal authorities regarding any aspect of CodeRedHosting services, including services sold to the client. Any use or attempted use of CodeRedHosting system to engage in software piracy or other illegal activities will result in an immediate termination of service and a report to the FTP, SPA, or other appropriate authorities.
10.8 Optional Data Backup Services
CodeRedHosting will provide to customer an option to backup specified folders and directories for a extra nominal monthly charge. Although CodeRedHosting backs up its own systems regularly, and strives to prevent technical problems, system failures, and service disruptions, such occurrences are none-the-less possible, particularly in connection with various power losses, natural calamities, acts of war or terrorism, acts of God, destructive acts of hackers, or bandwidth changes on the Internet.
CodeRedHosting therefore does not guarantee customer system backups, so each customer agrees to maintain their own personal backup copy of any files or information stored on a CodeRedHosting computer. Subject to mutual agreement on a month to month basis, backup services may be purchased separately from CodeRedHosting Restoration of backup data onto customer's machine is included in these fees.
10.9 Data Backup Failure
Customer agrees that CodeRedHosting has no liability for any damages or inconvenience caused by CodeRedHosting failure to provide Data Backup Services described in 10.8 above, regardless of cause or duration.
In such circumstances, CodeRedHosting total liability shall be limited only to a refund of the customer fees paid for the month in which the failure(s) occur, and where applicable, a return of the customer's deposit if files and directories can not be restored, and customer elects to terminate future services. It is specifically agreed that CodeRedHosting shall under no circumstances be liable for any lost profits or other consequential damages.
10.10 Bandwidth & Service Guarantees
CodeRedHosting hereby guarantees that other than mentioned elsewhere in this agreement, and especially pertaining to actions beyond it's control, that they will provide satisfactory and stable internet services to the customer. While no absolute guarantee is made pertaining to specific bandwidth upload or download transmission rates.
CodeRedHosting does represent to customer that the equipment and software performance level, stability, and average internet transmission rates will not unreasonably deteriorate from what the customer is experiencing at the time this agreement was signed.If there is an obvious deterioration as described in this paragraph, and related to problems such as adding customers to existing limited internet connections causing bandwidth over-subscription related deterioration of shared T-1 and other internet connections, then customer shall have the right to terminate this agreement and/or receive their deposit back without penalty.
10.11 Relationship of the Parties
Relationship of the Parties. The parties intend that an independent contractor relationship will be created by this contract, and that no partnership, joint venture or employee/employer relationship is intended