Terms of Service

Terms Of Service and Usage Agreement

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 acknowledge 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.

Agreement

Client has requested that RW Hosting Solutions provide the hosting services described in the hosting services certificate provided by RW Hosting (Personal data and general confidentiality agreement), which is incorporated herein by reference (Hosting Services).

RW Hosting Solutions has agreed to provide the Hosting Services in consideration for payment of and the fees set out in the Hosting Services (Fees).

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 Dover DELAWARE 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:
  • Pirated software
  • Hacker programs or archives
  • Warez sites
  • Child Pornography

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

  • Threats and unlawful conduct
    Use of our service to transmit any material (by email, uploading or otherwise) that threatens or encourages bodily harm or destruction of property, use of our services to transmit any material by any method that harasses another.
  • Fraud
    Use of our services to make fraudulent offers to sell or buy products, services or to advance any type of financial scam such as "phishing sites", "ponzi schemes" or "pyramid schemes", adding or modifying identifying network header information in an effort to deceive or mislead is forbidden. Any attempt to impersonate any person by using forged headers or other identifying information is also prohibited.
  • Attacks and Exploits
    Any activity which affects the ability's of people or systems to use any services or other Internet services such as "Denial Of Service" (DoS) attacks against any network, hosts or individual users, services or equipment is prohibited. A client may not through any action or luck of action, allow others to user their network for illegal actions. Unauthorized entry or user of another company's system will result in immediate account termination.
  • High CPU utilization
    We do not allow programs to run continuously with high CPU utilization, this is to minimize system resources used. Cron jobs are allowed only if the time between two consecutive executions is at least double the time required for the cron job to finish.
  • Server Abuse
    Use of our services to access, or to attempt to access, the accounts of others, or to penetrate (including attempts) security measures of ours or another entity's computer software or hardware electronic communication systems or any other communication system is prohibited.
  • Mass Email - Unsolicited email - SPAM
    Spamming, or sending of unsolicited email, from a RW Hosting Solution LLC server is STRICTLY prohibited and will qualify your account for immediate termination with no refund. RW Hosting Solutions LLC will be the sole arbiter as to what constitutes a violation of the mentioned activities. If you are found to be at fault we will issue a fine of $0.50 per email sent, limited up to $500 per incident.
  • Other 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, etc).

In the event that payment is overdue the following will occur at the specified times:

  • Overdue by 24 hours or more: 10% late fee applied.
  • Overdue by 48 hours or more: All services on the account will be suspended.
  • Overdue by 7 Days or more: All data will be deleted and account will be restricted.

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.

  • Service Fees
    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.
  • Cancellation
    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.

INDEMNIFICATION

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:

ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH RW HOSTING SOLUTIONS SERVER. ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGINGON THE PROPRIETARY RIGHTS OF A THIRD PARTY. COPYRIGHT INFRINGEMENT.(4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM RW HOSTING SOLUTIONS’S SERVERS.

DISCLAIMER

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