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Hosting Terms of Service

RedSpider (RedSpider.biz) is a business registered in Guyana and provides a World Wide Web page hosting service. RedSpider reserves the right to suspend or cancel an account holder's access to any or all services provided by RedSpider when RedSpider decides that the services have been inappropriately used or otherwise.

RedSpider reserves the right to refuse service and/ or access to its services to anyone.

RedSpider reserves the right to amend or otherwise modify this Terms of Service; the current version of which is available online at www.RedSpider/tos.html.

USE OF SERVICES

RedSpider’s services are to be used by the account holder owner only. The account holder is defined as the person or agency to which RedSpider has granted website hosting services. Account holders are not permitted to resell, store or give away services associated with their hosting account to other parties, i.e. an account holder is not allowed to allow a separate, third party to host content or store data in the account holder's online storage space or otherwise store data or content belonging to a separate, third party. Exceptions to this are (i) advertisements and (ii) data for online stores. Provision of SMTP services, as well as FTP storage not associated with the account holder's website, affect RedSpider's bandwidth model and so, if routinely utilised by an account holder, may incur additional charges under the High Resource User Policy (see below).

RedSpider, in its sole discretion, may immediately take corrective action, including removal of all or a portion of an account’s content, and/ or disconnection or discontinuance of any services if the account is deemed by RedSpider to be storing or providing inappropriate content (see guidance below). If corrective action is taken, RedSpider is under no obligation to provide prior notice to the account holder and shall have no liability to the account holder for such action.

COOPERATION WITH JUDICIAL AND POLICING AUTHORITIES

RedSpider will extend its active cooperation to judicial and policing authorities and will respond to legal instruments regarding inappropriate content of any account hosted on its service.

As guidance to account holders, inappropriate content will include but not be limited to:

• Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any international or local regulation.
• Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
• Other prohibited material - Material that may be construed as libelous; promoting hate, racism or religious intolerance; constituting fraud, child pornography, spam, viruses, trojan horses, internet worms, software prohibited from export in certain jurisdictions or other content RedSpider, in its sole discretion, deems as inappropriate.

30-DAY MONEY BACK GUARANTEE

If at the account holder’s sole discretion, an account is cancelled by the account holder within the first 30 days after RedSpider setup the account for the account holder, RedSpider will refund to said account holder the prepaid hosting fees, with the exception of US$25 being retained by RedSpider if the account holder had taken the free domain name option when setting up the account. If the account holder cancels the account after the ‘30-day money back guarantee’ period the account holder shall not be entitled to any refund.

CANCELLATION AND REFUNDS

Notwithstanding anything contained in this Terms of Service, RedSpider may at any time cancel its website hosting services to an account holder in which event the account holder shall have no claim against RedSpider by reason of such termination. In this event an account holder may apply for and may be granted a pro rata refund based upon the remaining whole months of membership; however, if the cancellation of an account was due to an account holder contravening RedSpider's terms of service, a refund shall not be issued. This cancellation policy is normally only implemented in circumstances where RedSpider deems the account holder to have contravened this Terms of Service.

Upon cancellation on an account by either RedSpider or the account holder, the account holder may request transfer of the domain name associated with the cancelled account to and via a registrar, without a further charge being imposed by RedSpider.

UNLIMITED USE POLICY

RedSpider offers an unlimited use policy by maintaining very large ratios of bandwidth per account holder. In rare cases, RedSpider may find an account holder to be using server resources to such an extent that he or she may jeopardize server performance and resources for other account holders. In such instances, RedSpider reserves the right to impose the High Resource User Policy for the consideration of all account holders.

HIGH RESOURCE USER POLICY

Resources are defined as bandwidth and/or processor utilization. RedSpider may implement the following policy to its sole discretion: When a website is found to be monopolizing the resources available, RedSpider reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our services. RedSpider overall policy is to work with customers to find solutions; this may include offering High Resource Use account holders the option whereby RedSpider continues hosting the website for an additional fee.

BACKUPS

RedSpider does not keep backups of our account holders’ files once they are uploaded to our web hosting service. The account holder is solely responsible for maintaining backup copies of files placed on RedSpider's servers.

EMAIL STORAGE

RedSpider cannot allow the storage of more than 50MB of emails on it's services and reserves the right to remove email storage files during server maintenance that exceed the 50MB limit per POP account. Account holders are expected to ensure regular clearance of emails from email addresses on their domain name.

FREE DOMAIN NAME

When an account holder signs up for the RedSpider Hosting Plan, RedSpider will pay for the cost of a new domain name registration, if requested. RedSpider will keep paying it every year, for as long as they are a continuous client, in good financial standing, and keep renewing their contract for web hosting service. This only applies to domains with extensions .com, .biz, .info, .net, org and .ws. If the account holder decides to transfer an already registered domain name to RedSpider's services when signing up for the RedSpider Hosting Plan, then they remain responsible for all Registrar fees for that domain.

RedSpider registers all new domain names through wholesale domain name registrars. These domain names can therefore be renewed by RedSpider as part of the service supplied. If a domain name is transferred from this account (either to another registrar or to another account at the wholesaler concerned) the domain name concerned is no longer eligible for free renewal by RedSpider and all renewal fees become the responsibility of the account holder at time of transfer.

PAYMENT POLICIES

All accounts are set up on a prepaid basis and are renewable annually. RedSpider reserves the right to change prices of accounts or services at any time. Payment is due each anniversary year following the date the account was established. Account holders will automatically be invoiced at any time in the month prior to the anniversary date in order to ensure the transition from one hosting year to the next and to avoid wherever possible any interruption to service unless closure notification has already been given.

Generally, bills or invoices will be sent preferably by email directly to the account holder; regular mail or fax will be employed only in the initial stages of establishing an account with RedSpider. Account holders are responsible for renewing their accounts.

RedSpider pays upstream costs in US Dollars and therefore calculates charges for its services in US Dollars; these charges are expressed to account holders as fees in Guyana Dollars and are therefore subject to variations in the US Dollar - Guyana Dollar exchange rate.

PAYMENT OPTIONS

In order to streamline our accounting procedures and keep costs down RedSpider runs a limited number of payment options:

1. Deposit or bank transfer to Bank Account # 6706519, National Bank of Industry & Commerce (NBIC), Camp and Regent Streets, Georgetown, Guyana.
2. Cheque drawn on a Guyanese bank payable to ‘RedSpider’.
3. Cash

INDEMNIFICATION

The account holder agrees that it shall defend, indemnify, save and hold RedSpider harmless from any and all demands, liabilities, losses, costs and claims, including attorney's fees asserted against RedSpider, its agents, its account holders, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the account holder, its agents, employees or assigns. The account holder agrees to defend, indemnify and hold harmless RedSpider against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with RedSpider' server; (2) any material supplied by account holder infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to account holder via RedSpider's services.

DISCLAIMER

RedSpider will not be responsible for any damages the account holder’s business may suffer. RedSpider makes no warranties of any kind, expressed or implied for services we provide. RedSpider disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non deliveries, wrong delivery, and any and all service interruptions caused by RedSpider and its employees. RedSpider reserves the right to revise its policies at any time.

END

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