Terms of Service for Web hosting
Red OnX always do our best to fulfill your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract you won’t find any complicated legal terms or long passages of unreadable text. We have no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.
Although the language is simple, the intentions are serious, and this contract is a legal document under exclusive jurisdiction of Clark County of Nevada in the United States of America.
These Terms of Service for Webhosting, (the “Agreement”) are an agreement between Red OnX (“us” or “our”) and you (“user”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Red OnX and of the RedOnX.com website (collectively, the “Services”).
When you click through these terms or sign the contract they are attached to, you are entering into an agreement with Red OnX to provide services to you. These terms of service are to create an understanding of what each of us can expect, what is required and what happens if something goes wrong. This agreement overrides any previous proposals, agreements, negotiations or any other written or oral communications between us related to the hosting of your website for the domain specified.
Occasionally, we may need to update these terms of service. The latest version will always be available on our website at https://redonx.com/legal/terms-of-service-for-webhosting/. We don’t expect these to be much more than fine tuning, however, there may be a need for a more substantial change. If that happens, we will let you know in writing. If you decide to continue our Services after that update, then you don’t need to do anything. If you don’t agree, just let us know in writing and you have the right to terminate this agreement.
You are agreeing you have the authority to enter into this contract on behalf of yourself, your company or your organization. You are 18 years of age or older. The Services are intended only for Users who are 18 years of age or older. Any registration, use of or access to the Services, by anyone under 18 is unauthored and a violation of this Agreement.
If you register or use the Services on behalf of another party, you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
Good Contact Information
It is your responsibility to provide accurate, current and complete information on all registration forms for the domain you are signing up for. If there is ever an abuse issue or we need to contact you we will use this information we have on file. You agree that it is your responsibility to ensure the contact information for your account, including any domain account is accurate, correct and complete at all times. You also agree to keep your contact information accurate, current and complete with any other third-party services or software associated with the Services provided by Red Onx. You agree Red OnX is not responsible for any disruptions or lapse of the Services caused by any third-party service and/or software due to incorrect information.
Red Onx is not responsible for any lapse in the Services, including but not limited to, any lapse domain registration due to outdated contact information being associated with the domain.
Providing false contact information of any kind may result in the termination of your account.
The Services and any data you provide to Red OnX is hosted in the United States unless otherwise provided. If you access the Services from outside of the United States, you are voluntarily transferring information (potentially including personally identifiable information) and the content to the United States and you agreeing that our collection and use of storage and sharing of your information and the content is subject to the laws of the and not necessarily jurisdiction in which you are located.
Except for the User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all the software used to provide the Services (collectively, “Red OnX content”), are the proprietary property of Red OnX or Red OnX’s licensors. Red OnX Content may not be modified copied or distributed reproduced or republished downloaded posted transmitted sold or exploited for any other purpose in any form by any means in whole or in part other than as expressly permitted in this agreement.
You may not, directly or indirectly, reverse engineer or decompile or disassemble or otherwise attempt to derive source code or any trade secrets from any Red OnX Content. All rights to use Red OnX Content that are not expressly granted in this agreement are reserved by Red OnX And Red OnX’s licensors.
Any content, (including but not limited to text, photos, graphics or videos) uploaded, stored, displayed or distributed by you or by users of any of your websites hosted through the Services will be considered User Content. You are granting us unequivocally all rights and permissions to use, display, store, back-up, distribute, modify or publish (in whole or in part) any User Content uploaded to the Services. You grant Red OnX, (for the sole purpose of providing the Services), non-exclusive, royalty-free, worldwide rights and license to the User Content. We do not have any interest or ownership of any of the user content.
It is your sole responsibility and obligation that any user content does not infringe or violate the rights of any third party. Red OnX has no control over or accepts no responsibility for any user content.
For any User Content, it is understood that you either own the text (you created it yourself), have permission to use it, or, in the case of text, have sourced the material you are using, which almost always includes a link back to the original material. Any content created by Red OnX, will be original or meet any of the copyright requirements in case stock or other images, video, audio or any other media or content is sourced by us. Red OnX accepts no responsibility for copyright violation for any content we did not create or source, even if we edited the supplied content.
WordPress is GPL licensed which really means either of us can do whatever we want with the code without asking the other person. Now of course it would be unprofessional of us to sell your website to someone else and you’d look unprofessional if you sold something we wrote as your own work. We can agree that neither of us like looking unprofessional so let’s just agree to be civil about it all.
We love to show off our work and share what we’ve learned with other people, so ourselves and any contractor who may have assisted with this website will reserve the right, with your permission, to host a version of your site, hidden from search engines, as part of our portfolios, and to write about your project on other websites. We also reserve the right to publish, distribute, reuse the code used in this project.
All of your business processes are protected and neither of us will ever release any code or files that expose business processes of the other party.
Obey the Law
You agree to comply with all applicable laws, rules and regulations. You understand that because laws are very complicated, both local and federal, you are agreeing that you have a clear understanding of your obligations or you have met with legal counsel who has advised you of your obligations.
Regarding European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”), you have a clear understanding of your obligations or you have met with legal counsel who has advised you of your obligations. You understand that Red OnX does not provide GDPR assistance or compliance with the Services.
We are not HIPAA (Health Insurance Portability and Accountability Act) compliant. You are solely responsible for any applicable compliance with federal or state laws governing HIPAA compliance.
Often times in the course of development of your website we will need to use software that isn’t free. We have a developer license for some. We’ll use our licenses for your site and we’ll keep the software updated. Should you choose to move your site to another host, our license will not transfer with your site. Please refer to your website agreement for more information about licenses for your specific website.
It is your responsibility to ensure that your payment information is up-to-date and that all invoices are paid on time. You agree to pay for the Services in advance of the time period for which the Services are provided. You understand that there are no refunds or prorated amounts for the Services. You agree to provide us with a valid credit card we will keep on file with our Merchant Account provider. Upon your renewal date, we will automatically charge your credit card. In the event your credit card payment fails, we will reattempt the payment multiple times over 15 days. If we cannot process your payment after 15 days, we reserve the right to disconnect your service. Payments that are 15 days past due are subject to a 10% late fee. We will not reactive your service until all past due amounts including late fees are paid in full. You may cancel at any time, however, a $250 cancellation fee will be apply if you cancel within your first year, in addition to any fees within outlined within your current contract. Any costs or labor to transfer your site will be at your expense. If you need assistance exporting your content and property please contact Red OnX for a quote. Depending on the complexity and size of your site this can be a small or large task. You agree to notify us 30 days prior to your move so we can give the most cost-effective quote and enough time to assist you with your export. You understand we will only provide you with content and property owned by you.
We offer managed website hosting. All hosting packages include theme and plugin updates, maintenance, backups, and basic security against hackers. If you do get hacked, fixing this is included.
Our hosting also includes the work necessary to fix things that may get broken by updates. If an update breaks something, we’ll revert to the last functional version of the site and we’ll make every effort to repair your site. We cannot guarantee we can fix every issue caused by an update. In such an event, we will identify and let you know what options are available. You understand some these options may come at an expense to you.
We understand you may occasionally break something on your site. Or you may have added some new content and it is not looking exactly the way you need it to. We do offer support for these situations at the agency rate of $125. Some hosting packages include this kind of support we call “Errors by Client & Content Creation Support”. The package you choose will determine the support level included.
All hosting Services may only be used for web files active e-mail and content of your website. You may not use the services for storage (whether media, e-mails or other data), including, as an off-site storage of electronic files, e-mail, file sharing, media server or FTP host. Red OnX reserves the right to review any account for excessive usage of CPU disk space or other resources that may be a violation of this Agreement. Red OnX reserves the right to suspend any account that is impacting the Services of other clients. If you go beyond the limits specified in your hosting package, we will ask that you upgrade your account to avoid any disruption in your Services.
The Small Print
Just like a parking ticket, you can’t transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed.
We can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.
We both agree to do everything within our power to reasonably resolve any issues that come up. In the event either of us of feels we need to take legal action against one another, we are agreeing that we are responsible for our own attorney fees and any other costs associated with taking such legal action. We also agree we are only entitled to the cost of this project and any late fees. We also agree to settle any legal action in Clark County of Nevada in the United States of America.
You agree to indemnify and hold harmless, protect, and defend us and our subcontractors from any claim or suit arising from your use of the website and its elements. In other words, we will not be responsible for your use of the web site.
Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.