Revision Date: June 4rh 2021
This Web Site Hosting End User Agreement (the "Agreement") is by and between you and RW Hosting Solutions LLC ("RW-Hosting"), and sets forth the terms and conditions of your use of RW Hosting site service and tools (the "Service").
You acknowldge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement, as well as any additional rules or policies that are or may be published by RW Hosting Solutions from time to time, including RW Hosting End User Services found at : https://redwaterhost.com/ (the "Services Agreement").
This Agreement, as well as any additional rules and policies, together with all modifications there to, constitute the complete and exclusive agreement between you and RW Hosting concerning your use of the Service, and supersede and govern all prior proposals, agreements, or other communications. IN THE EVENT OF A CONFLICT BETWEEN THE TERMS OF THIS AGREEMENT AND THE TERMS OF THE SERVICES AGREEMENT, THIS AGREEMENT SHALL GOVERN. Unless explicitly stated otherwise, any new features, updates, upgrades or versions that augment or enhance the current Service shall be subject to this Agreement. Please note that other RW Hosting services, outside of the Service, are governed by the Services Agreement and may be governed by other terms and conditions.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PURCHASING OR USING RED WATER HOSTING SERVICES. BY PURCHASING OR USING RED WATER HOSTING SERVICES, YOU SIGNIFY YOUR ASSENT TO THIS AGREEMENT, INCLUDING ANY AGREEMENTS FOR THIRD PARTY SOFTWARE THAT IS INCLUDED AS PART OF RED WATER HOSTING SERVICES. IF YOU ARE ACTING ON BEHALF OF AN ENTITY, THEN YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THAT ENTITY. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, THEN YOU MUST NOT PURCHASE OR USE RED WATER HOSTING SERVICES.
It is agreed
This Online Agreement is a legal and binding instrument entered into as of the date of electronic acceptance by Customer (the "Effective Date"), by and between the RW Hosting Solutions, and "Customer," the individual or entity entering into this Agreement. RW Hosting Solutions reserves the right to amend this Agreement from time to time without notice to Customer. The most current version of this Agreement can be reviewed by clicking on the "Legal" hypertext link located at the bottom of www.redwaterhost.com web page.
All services provided by RW Hosting Solutions ("Red Water Hosting Solutions") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States, United States federal, State, or Any other USA and EU Member laws (where applicable) are prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless RW Hosting from any claims resulting from the use of service which damages the subscriber or any other party.
To the extent that there is any conflict between these terms and conditions and either the terms of any ancillary documents produced by RW Hosting in accordance with them, or the Checkout Form, then these terms and conditions shall prevail. To the extent that there is any conflict between the terms of the Checkout Form and the terms of any such ancillary documents, then the terms of the Checkout Form shall prevail. These Terms and Conditions shall be governed by and construed in accordance with American law and agree that the sole jurisdiction and venue for any actions that may arise under or in relation to the subject matter hereof shall be the courts of Georgia Atlanta USA.
Prohibited are sites that promote any illegal activity or present content that may be damaging to RW Hosting servers, or any other server on the Internet. Links to such materials are also prohibited.
Hosting Account Content
You (as client) are responsible for any content in and under your site or account at all times, all services provided by RW Hosting Solutions LLC may be used for lawful purposes and only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City laws is prohibited.
Examples of unacceptable content or links:
If illegal content or usage is found, the account will be immediately suspended and/or terminated. YOU agree that RW Hosting Solutions may disclose any and all YOUR information including assigned IP addresses, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.
Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in the United States Georgia GA Atlanta, and any dispute will be litigated or arbitrated in the Georgia. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in USA courts.
NOTICE: IF YOUR ACCOUNT IS FOUND IN VIOLATION OF THE OUR TERMS AND CONDITIONS A $100.00 SUSPENSION/ CANCELLATION FEE WILL APPLY. WE DO NOT REFUND CLIENTS WHO BREAK OUR USAGE POLICIES OR TERMS OF SERVICE.
List of Violations
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion. RW Hosting is selling intangible goods only. As such there will be no delivery details for any physical goods. Billing by the Account Activation Date of each month, RW Hosting shall:(1) Deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to RW Hosting by no later than the specified payment due date. RW Hosting shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a regular basis (monthly / quarterly / Semi-Annually / Annually).
In the event that payment is overdue the following will occur at the specified times:
If your account is overdue with RW Hosting for a period greater than equal to three days, RW Hosting reserves the right to suspend the entire account and all services on it, until the account is brought up to date.
Certain services carry a setup fee charged by Red Water Hosting to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to RW Hosting and agrees to pay any and all fees incurred by client. For services provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.
We DO NOT refund partial monthly fees to accounts. We require 15 days’ notice for a cancellation. By accepting our services, the client agrees to waive all charge back rights and follow the correct refund procedure should any disputes arise. Once your cancellation has been verified and accepted RW HOSTING will process the refund within 24 hours. The time when the funds reach a client may vary depending on payment method and/or the clients own individual bank.
Promotional Rates and Special Offers
RW Hosting Solutions may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not affect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together. All promotions are only valid as long as existing services are not canceled. In the event they are canceled the promotion becomes void and the full price is payable for future invoices. IP Address Ownership RW Hosting Solutions shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by RW Hosting Solutions.
RW Hosting Solutions reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses. Assignment of this IP space is valid as long as the criteria for the original assignment are met and only for the duration of the service agreement between yourself and RW Hosting Solutions. We have the right to reassign the address space to another user upon termination of this agreement or an agreed period thereafter. This means that you will have to re-configure the addresses of all equipment using this IP space if you continue to require global uniqueness of those addresses.
YOU AGREE THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD RW HOSTING SOLUTIONS HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST RW HOSTING, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY YOU, YOUR AGENTS, EMPLOYEES OR ASSIGNS. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS CORGI TECH LIMITED AGAINST LIABILITIESARISING OUT OF:
RW Hosting Solutions WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. RW Hosting Solutions MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. RW Hosting Solutions DISCLAIMS ANY WARRANTY OR MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY RW HOSTING SOLUTIONS AND ITS EMPLOYEES. RW HOSTING SOLUTIONS RESERVES THE RIGHT TO REVISE ITSPOLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND VPS SERVERS OF RW HOSTING SOLUTION MUST ADHERE TO THE ABOVE POLICIES
EFFECTIVE JUNE 20, 2021
SCOPE OF POLICY
Customers – individuals who register, on their own or on behalf of an entity, to use RW Hosting Services with the creation or administration of a RW Hosting account.
Event/Marketing Participants – individuals who provide their information to RW Hosting when they register for RW Hosting surveys, subscribe to marketing material, or contests, or attend other RW Hosting events.
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
Data Processor (or Service Providers or Sub-contractors)
Data Processor (or Service Provider or Sub-contractor) means any person (other than an employee of the Data Controller) who processes the Personal Data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your Personal Data more effectively. Definition shall have the same meaning as in Article 4(8) of GDPR.
Data Subject is any living individual (natural person) who is the subject of Personal Data.
The User is the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.
INFORMATION WE COLLECT
RW Hosting asks for your account information which includes your name, email address, physical address, phone number, credit card information, and website domain. By voluntarily providing RW Hosting with your account information, you represent that you own and consent to our use of such personal data.
RW Hosting may ask for your name, email address, physical address, and phone number. Participation in events, surveys, contents, or subscribing to marketing material is voluntary and you may choose whether or not to participate and therefore disclose this personal data.
At your option, RW Hosting asks and may collect your name, email address, physical address, and phone number. In addition, we also collect information such as web server logs, internet protocol (IP) addresses, browser type, or other statistical information as part of aggregated data. We use Google Analytics to help us gather statistical information about the visitors to our Website and how they use the Website on an anonymous, aggregate basis. However, we will not associate this data with your personally identifiable data unless required to do so to cooperate with law enforcement activity or other governmental request or to comply with law.
We may use this information to gain a better understanding of the users of our Website, to improve our Website, and to improve our Services. Depending on the type of browser and device that you use, you may have the ability to control the type of information that Google Analytics use. To understand how Google Analytics collects and processes data, please visit www.google.com/policies/privacy/partners/.
HOW WE USE YOUR INFORMATION
RW Hosting uses the information it collects about you in the following ways:
HOW WE SHARE INFORMATION
RW Hosting shares the information it collects about you in the following ways:
Advertising - Based on cookies and other tracking devices, we may work with advertising companies to display ads that may be of interest to you.
Business Transactions - To provide information to a third party in the event of any disposition of all or any portion of our business (e.g. reorganization, sale, assignment, bankruptcy).
Aggregated or De-identified Data - We may aggregated or otherwise de-identified your personal information. We own such aggregate or de-identified information and may use and share this information with third parties.
As Required by Law or Similar Investigations - To comply with legal obligations (e.g. subpoena) or investigate potential legal violations. RW Hosting may be required to share personal data in response to lawful requests from public authorities including to meet national security and/or law enforcement requirements.
Safety - We may disclose your information to protect and defend the safety of RW Hosting in connection with investigating and preventing fraud or security issues.