10/05/2010

Important Notice

All Shared and Reseller Hosting payments to RedOrum LLC have a 30-day Money Back Guarantee. RedOrum agrees to provide the client web hosting for a monthly/quarterly/semi-annual/annual fee. RedOrum will never require clients to advertise for RedOrum on their website in any way shape or form unless agreed upon such as a non-profit organization receiving complimentary hosting. Clients are allowed to use the service for business/commercial or personal websites or content. RedOrum reserves the right to change this agreement at any time without notice.

Contents

All services provided by RedOrum may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless RedOrum from any claims resulting from the use of the service which damages the subscriber or any other party.

Examples of Non-Acceptable Contents or Links:

Pirated software
Hacking programs or archives
Warez Sites
Illegal MP3′s
Spamming Software
Vip Poster
Hyip Proxys (including proxy link websites)
Proxys (including links to proxy websites)

Web & Dedicated Hosting Packages

Accounts are not to be used as mass storage for backups, files, audios, videos, zip files or similar for mass distributing such as mirrors or torrents. Any accounts found to violate these terms may be suspended without notice until the account holder agrees to resolve this issue. Account holder assumes responsibility that all contents abide by all if any non-disclosure and legal rights.

Background Running Programs

We do not allow background-running programs. This includes any IRC related software such as bouncers and bots. In certain cases we may allow programs to run continually in the background, these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. Please contact support@redorum.com for further information.

Banned Scripts

You are free to use any scripts you wish provided they do not affect the normal operations of the server and they are not mentioned specifically below. Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, RedOrum reserves the right to disable the account pending client cooperation and resolution.

Violation of indecency and obscenity laws can result in criminal penalties.

Spam or Unsolicited E-Mail

You must not use the RedOrum’s Network, equipment or any RedOrum’s email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the RedOrum’s Network, equipment or any RedOrum’s email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one’s email address accessible to the public will not constitute a request or invitation to receive messages.

If you are found to have spammed, RedOrum reserves the right to disable your domain without warning. In addition, RedOrum may impose a $150 penalty for each spam policy violation. RedOrum solely reserves the right to refuse or cancel service to known spammers. Lastly, RedOrum reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

IP limits SEO IP limit

Accounts can only use the allotted amount of IP’s that come with a package to use toward SEO. If your package does not come with an IP you will be allowed only 1 IP address for SEO. IP’s used for SSL’s and valid uses will never been turned down. If found fraudulent use of IP’s for SEO past these limits the account(s) will be up for suspension and or termination.

IP class’s

RedOrum cannot promise that we will be able to provide different IP classes on a single server; if we so happen to get more than one class then this can be done. This all depends on what is available from our datacenter.

Server Limits

25% cpu and or memory for 3 minutes.
Combined 5% cpu and memory over 24 hours.
250 email limit per domain per hour.
50 concurrent database connections at one time.
Apache threads to be open no longer then 999 seconds.
Php upload limit of 50 megs.
Max php session time of 300 seconds or less.
Limits are subject to change at anytime.

Free Domain Offers

When Free Domains is being offered and you have a valid promo code: The terms & conditions for our free domain name offer are plain and simple. We will register the domain name for 1 year on your behalf (Only available for New or Existing Customers during sign up on new or transferable domains, no renewals). All we ask is that you stay hosting with us for a minimum of 3 months or what the terms are in particular with the running promotional terms and conditions, whichever is longer. If you stay for the minimum duration of the promotional terms and conditions and then decide to leave you are free to take the domain at no charge. If you do not stay for the minimum term then you will be required to pay the full price of the domain name plus any transferable fees (if any) before your account can be canceled.

Newsletters & Mailers

Those that opted into RedOrum’s mailing list agrees to receive any forms of marketing materials not limited to newsletters, advertisements or any type of mailers. Those that are automatically opted in to RedOrum’s mailing lists are customers that have prior business and or service relationships with RedOrum, purchased any products or services offered by RedOrum, or attended an event where contact information was provided to RedOrum. Those that wish to be opted-out of the mailing list may freely choose to do so by choosing the “opt-out” or “unsubscribe” link on the mailers or by contacting support@redorum.com.

Support Services

Support Services are offered on a term basis defined under contract. The service support hours are Monday-Friday, 8:00AM-5:00PM PST. After hours are Time and Material based. During the term basis, the hourly rate under contract is locked for the signed term of the support services and cannot change. However RedOrum reserves the right to change the rate at any given time if not under a term contract or if contract has been terminated and resigned.

Support maintenance may be terminated at any time. Regardless of the reason for termination, all undisputed amounts to RedOrum for services rendered under contract must be paid in full. Remaining term up to the duration of the contract must be paid in full and all services are forfeited.

Design Templates

Design templates under RedOrum Design falls under the Terms and Conditions of our provider through an affiliate program. Full Terms of Use and Conditions are found here and to be agreed upon and read. Any purchases of design templates that links to our affiliate program abides to all full Terms and Conditions of third party company. [Link to Design Templates Terms & Conditions]

Affiliate Program

Only individuals 18 years and older are able to participate in this program. You must provide RedOrum up-to-date complete and accurate information in order for proper pay-outs. You must use your own website and identity in the affiliate referral sign-up process and may not assume a false or another person’s or entity’s identity or place advertiser paid links on a site without authorization. Any Affiliate found to be placing Advertiser paid links on an unauthorized site will be automatically shut down and all earnings shall be immediately forfeited.

You understand and agree that you will not earn a commission on the purchase of your own personal hosting accounts.

The categories for commissions are for: Web Hosting, Archcloud, Dedicated E-mail, and Dedicated FTP services.

By joining the RedOrum Affiliate program, you agree to the following:

* You will NOT earn a commission on the purchase of your own personal hosting accounts.
* Conducting paid search campaigns that utilize keywords such as, but not limited to, ‘redorum’, ‘redorum hosting’, ‘redorum web hosting’, ‘redorum hosting coupon’, ‘redorum hosting discount’ or the like is strictly prohibited.
* No direct linking to redorum.com
* Affiliates cannot use our URL as the display URL of any advertisements without our consent.
* The use of iframes or any other techniques or technology that places your affiliate tracking cookie by any means other than an actual click-through is forbidden.
* Any sales generated in conjunction with special discounts or coupons are not commissionable.
* Affiliates will be required to provide personal information for tax purposes.

Those affiliates who violate the above are subject to a reversal of commissions and termination of affiliate program membership.

RedOrum reserves the right to deny membership to the affiliate program for any reason. RedOrum reserves the right to terminate any affiliate account and your right to use or receive any services or benefits including residuals relating to the RedOrum program immediately if you breach any term herein at RedOrum’s sole discretion effective immediately after sending written or email notice to you at the last address that you provide to RedOrum.

Progress of affiliate referrals may be tracked in your account. The minimum amount to be reached before affiliates can make a withdrawal is $50. There is no minimum amount required if you choose to use it towards any RedOrum service, contact Billing and we will adjust your account accordingly. There is a sixty (60) day commission delay for payments to ensure the referral account is still active and avoid fraudulent referrals. Multiple fraudulent referrals will result in affiliate account removal and all commissions forfeited. A W-9 IRS form is required to be filled out and be sent to us signed, prior to RedOrum LLC writing out checks to the affiliate.

Intellectual Property Rights

Material accessible to you through RedOrum’s Services may be subject to protection under the United States of America (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the RedOrum’s Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the RedOrum’s Network. If you use a domain name in connection with the RedOrum Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Defamation

Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Refusal of Service

RedOrum reserves the right at its sole discretion to refuse or cancel service at any time, without notice, for conduct that violates RedOrum’s guidelines or for any other reason. Violation of any of RedOrum’s Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Free domains which have been granted for customers paying annually are released to the customer at the end of the hosting period. Domains terminated due to policy violations will not be released to the customer. RedOrum may terminate user accounts and delete any and all user information for conduct that RedOrum believes is harmful to the business or to any of its users or partners. Pages found violating these items may be subject to immediate deletion and removal from our servers, and their webmasters subject to banishment from the RedOrum Hosting network. The following is a nonexclusive list of content and behaviors that are UNACCEPTABLE on RedOrum Hosting Services.

- Content that contains or contains links to nudity, pornography, adult content, sex, extreme violence, or foul language.
- Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy-related information, whether for educational purposes or not.
- Content that has been promoted through the sending of unsolicited email (spamming) or mail fraud schemes, or pages that promote or condone the sending of unsolicited email. Users who utilize RedOrum Hosting resources, including e-mail addresses, for spam are also subject to prosecution to the fullest extent of the law.
- Content that commits acts of copyright, trademark, patent, trade secret or other intellectual property infringement.
- Content that is racist, or otherwise extremely offensive to others, including content which aggravates, harasses, threatens, defames, or abuses others.
- Storage of log files or non-HTML content, or any use of space that circumvents the display of advertising.
- Sites that exploit images of children under 18 years of age.
- Content that contains, links to, or participates in pyramid schemes, gambling, raffles, lotteries, and so forth.
- Content that posts or discloses personal identification information or private information of individuals under the age of 13 or in connection with materials directed toward individuals under the age of 13 without verifiable parental consent.
- Content that provides, sells, or offers to sell the following: controlled substances, illegal drugs and drug contraband, alcohol, weapons, pirated materials, pornography or sexual products, programs to attack others, illegal goods, escort services, instructions on making, assembling, or obtaining illegal goods or weapons, information used to break copyright or trademark violations, to destroy others’ property, or to harm any people or animals.
- Content that takes part in, or allows any third party to take part in, the following: reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of the Technology; individual passworking of Member sites or pages; altering copyright notices and attributes (unless permitted in writing by the author/owner); and such practices.

Abuse

Any attempts to undermine, slander, libel, threaten, or cause harm to a RedOrum server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold RedOrum (or it’s employee’s/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against RedOrum, 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 customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless RedOrum against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Red Orum server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of RedOrum to the amount paid for service.

Quotes

All quotes are valid for 30 days unless otherwise noted on the quote. All prices and qty hours are subject to change, actual work hours will be billed on final invoice. Upon signing the quote and returning it to a RedOrum representative, signer agrees to the quotation outlined and pay for the amount quoted when invoiced (actual amount subject to change) and is proceeding the services outlined (if any). Customer will be notified for any changes in cost which may reflect differently on the quote prior to be invoiced. Advance payments are required for all signed quotes which are purchases for hardware, software or related items unless otherwise noted or if account has established credit terms.

Credit Terms & Limits

Account credit terms (or NET terms) and limits can only be established by filling out a Credit Application Form and subject to approval by RedOrum. RedOrum offers a NET 15 and for additional NET term is subject to approval by RedOrum. Credit limits varies and is determined by RedOrum after a review of Credit Application. Upon approval, a line of credit is established for the account on approved quotes and purchase orders for hardware, software or related items by RedOrum. Invoices will be issued upon delivery and credit terms will apply. If the outstanding account balance reaches the credit limit or subsequent orders will exceed the limit, then any subsequent or current orders will be held until the balance is cleared. Credit card information is required to be kept on file for security and updated annually to sustain credit terms and limits.

Account terms are evaluated on an ongoing basis and RedOrum reserves the right to suspend or terminate any terms or limits and its services at any time without notice and customer agrees to hold RedOrum harmless for any contingent liabilities or damages of each and every character resulting from such suspensions or terminations.

Taxes

Customer shall pay or reimburse RedOrum for all sales, use, excise or similar taxes in the state of California unless for re-sale where a valid resale license is required.

Payment & Invoice

For payment, RedOrum accepts Check, Visa, MasterCard, Discover, American Express or PayPal. Credit cards on file and if selected as payment of choice will automatically be charged to avoid overdue or late fees. RedOrum invoices exclusively via e-mail and does not send out invoices via postal services. It is the customer’s responsibility to ensure proper e-mail addresses are used for billing. RedOrum is not responsible for bounce e-mails, invoices or overdue invoices not reaching the customer. The ‘Customer’ and or ‘Invoiced To’ agrees that RedOrum has the right to request and receive accelerated payments if account balances exceed credit limits, the account is in default due to delinquent payments, or a negotiable instrument (check) is tendered as payment that does not clear the bank for any reason whatsoever. (A $25.00 fee is assessed for each returned check.)

Certain items invoiced are subject to California State Environmental Fee. Under the current law and regulations, certain products will be subject to this fee and it will appear on the invoice. For updated information regarding Electronic Waste Recycling Act of 2003, visit: http://www.ciwmb.ca.gov/electronics/act2003/ or contact support@redorum.com.

Payment Applications

RedOrum may apply any and all payments to the oldest invoices first regardless of any instructions until the entire account balance is paid and customer further agrees not to assert any offsets against amounts owed without written authorizations from RedOrum

Late Payments

All invoices are due within 15 calendar days after invoice date unless otherwise noted. Hosting invoices and other monthly or yearly services are automated and reminders are sent out 15 & 5 calendar days prior to due date. Overdue invoices are sent out 1, 3 & 7 days after due date. Overdue balances upon 15 calendar days are subject to a 2% late fee and account suspension for hosting accounts and or services provided by RedOrum. For Hosting Services: If after 30 days payment has not been received or we have not been contacted regarding payment, your account will be terminated without any further notice. Reactivation of closed accounts due to delinquency incurs a $25.00 reactivation fee as well as payment of the balance due in full. All other Invoices: additional 2% late fees of statement balance will be charged for each 15 calendar day period that passes without payment. Send payments early allowing sufficient mail delivery and processing time to prevent suspension of service. For check payments, please indicate the invoice number on the check so the account can be properly credited. For late payments please email billing@redorum.com arrange payment.

Past due invoices for accounts with credit terms will automatically be charged the full outstanding balance to the credit card on file any day prior to the 2% late fee (a notice will be sent). If the account is not current nor charged for the outstanding balance, any subsequent or current orders will be held until the balance is cleared.

Refund and Cancellation Policy (pertains to Web Hosting 30 day guarantee)

You may cancel your account at any time and receive a full refund (excluding any setup fees, transaction fees or domain name registrations fees incurred) if canceled within our thirty (30) day money-back guarantee period. To receive this refund, you may not be on a custom package of any sort. You must be on one of the pre-created packages by RedOrum that is listed on our site. You may cancel for any reason.

If after thirty (30) days you wish to cancel your hosting account, you will receive no refund of any monies already paid to RedOrum. However, if customer cancels fifth teen (15) days before recurring monthly billing date, customer will not be billed for the next month and all payments thereafter will be canceled with immediate effect.

No refunds on SSL’s, domain’s or Dedicated servers.

Returns

All returns on hardware, software or related items must be authorized by RedOrum prior to return. Before returning items, please call or email RedOrum Customer Service (support@redorum.com) for Return Authorization. Returns will not be accepted without prior authorization. Items must be returned within 15 days of receipt in the original packaging and re-sellable condition. Special order, software and or licenses are non-refundable. Please ensure proper software and licenses prior in purchasing. If there is an error, RedOrum will attempt at best effort to resolve.

Cancellation (Hosted Services)

You must use only one of following methods to deliver an official written notice of cancellation: Either fill out the entire Cancellation Form or email billing@redorum.com your receipt with a message regarding cancellation. Please include your Name, domain name, username, password and your reason for canceling. Or log into your client profile, select the service that you want to cancel, and click on, request cancellation.

Disclaimer

RedOrum LLC will not be responsible for any damages your business may suffer. RedOrum makes no warranties of any kind, expressed or implied for services we provide. RedOrum disclaims any warranty or merchantability 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 Red Orum and its employees.

RedOrum can accept no responsibility for any loss of data or consequences arising from this. RedOrum always advises clients to back up their site data regularly for its own protection.

RedOrum furthermore expects that its customers who provide hosting services (resellers) to others will ensure its customers fully comply with all applicable laws concerning the privacy of online communications and any other policy of RedOrum. A customer’s failure to comply with those laws will violate this policy.

If a customer provides hosting services (resellers) to others and decides to cancel their reseller hosting account with RedOrum then RedOrum will not be responsible for maintaining hosting for the resellers’ customers.

Finally, RedOrum wishes to emphasize that in accepting services, customers indemnify RedOrum for the violation of any law or RedOrum policy that results in loss to RedOrum or the bringing of any claim against RedOrum. This means that if RedOrum is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against RedOrum, plus costs and reasonable legal fees.

Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation.

RedOrum reserves the right to change, edit, or update the policies contained in this document, along with the content on our website at any time for any reason without notice.