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.
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