Terms and Conditions

This Terms of Service (“Agreement”) is a legally binding contract between RedOrum LLC (“RedOrum”) and you (“customer”, “customers”, “client”, ”clients”, “you” or “your”) that shall govern the purchase and use, in any manner, of the services provided by RedOrum to Customer (collectively, the “Services”).

By purchasing and/or using the Services in any manner, you represent that you have read, understand, and agree to all terms and conditions set forth in this Agreement, and that you are at least eighteen (18) years old and have the legal ability to engage in a contract in the State of California.

If you do not agree to all the terms and conditions set forth in this Agreement, then you may not use any of the Services.  If you are already a customer of RedOrum and do not agree with the terms and conditions set forth in this Agreement, you should immediately contact RedOrum to cancel your Services.

1. Ownership and Services Purchased

1.1. The individual or entity set out in our records as the primary profile/billing contact shall be the owner/subscriber or authorized person of the account.

1.2. The features and details of the Services governed by this Agreement are described on the web pages setting out the particular services or products you have purchased (“Service Description Page”) based on their description on the Service Description Page as of the Effective Date, as defined below. RedOrum may modify the products and services it offers from time-to-time. Should the Service Description Page change subsequent to the Effective Date, we have no obligation to modify the Service to reflect such a change. The services and products provided to you by RedOrum as set out on the Service Description Page, are referred to as the “Services.”

1.3. Certain aspects of the Services are provided by third parties. These third parties may have reserved the right to make changes, including material changes, to the services provided by them. You may terminate this Agreement if such a change materially affects the Services.

1.4. Access and Control Policy: When a new account or domain, as applicable, is registered with or transferred to RedOrum or with one of its affiliates, the process requires and results in the creation of the following within the records of RedOrum LLC, in association with said new account or domain:

  • Name of person registering;
  • email address;
  • user name;
  • password; and,
  • associated payment information, such as Visa, Mastercard, etc., Credit Card Number & name thereon, etc.

If a person contacts RedOrum LLC and claims that he or she is entitled to access to an account, website, or domain registered with RedOrum or its affiliate but is without access (for any reason such as but not limited to forgotten password or forgotten user name, data loss or corruption on personal computer, improperly locked out, and so forth), RedOrum LLC will give access to the person who acceptably evidences he or she has substantially all of: i) name of the person who originally registered; ii) email address of the person who originally registered; iii) the user name of the person who originally registered, if possible; iv) the associated payment information, such as a bank statement displaying the payment & name thereon, etc. (mandatory); and, v) a photo identification evidencing she or he is the rightful possessor and user of said payment medium (mandatory). Otherwise, RedOrum LLC will not give access and control to a claimant unless RedOrum LLC is served with a valid order of a court, agency, or appropriate Internet controlling entity such as Internet Corporation for Assigned Names and Numbers (“ICANN”), requiring RedOrum LLC to give such access and control to said claimant or unless there is submitted to RedOrum LLC at legal@nullredorum.com written statement duly signed by the person who originally registered said account which statement is duly notarized, and in which said originally registering person confirms that said claimant is entitled to access and control of the account, together with a written notarized statement duly signed by claimant which confirms claimant is entitled to access and control of said account, website and/or domain and has read and agreed to these Terms and Conditions or by electronic agreement sent by RedOrum LLC where electronic signature is binding and legal. Subscriber acknowledges and accepts that the foregoing access and control policies and procedures are the only way that notice(s) can be given and changes can be effected regarding said access and/or control; and, further, that any other changes made directly by Subscriber or by others within the online records of RedOrum LLC or of its affiliates shall not be deemed effective to give notice to RedOrum LLC or its affiliates of any changes in said access or control. Subscriber acknowledges and accepts said access and control policy and procedure, agrees not to bring any claim in the form of a lawsuit or otherwise against RedOrum LLC arising out of its following said policy and procedure, agrees immediately to dismiss any claim so brought, and hereby releases RedOrum LLC from all liability and all claims for damages or any other liability whatsoever that may arise out of RedOrum LLC’s following said policy and procedure.

1.5. Transfer of Ownership: RedOrum LLC is not responsible to determine ownership of websites hosted by, accounts opened with, or domains registered with RedOrum LLC or its affiliates. By accessing RedOrum LLC’s system, registering, or using any of the services provided by RedOrum LLC, the Subscriber, or any other person so accessing, registering or using, hereby represents and warrants that the information provided in connection with said registration, including as well information concerning ownership of websites, domains, and accounts, is true, accurate, and complete in each material detail. Any disputes arising regarding the ownership of any account, website, or domain hosted by, opened with, or registered with RedOrum LLC or any of its affiliates are subject to the terms and conditions of this section of these Terms.
RedOrum LLC will recognize a change of ownership of account(s) with, of websites hosted by, and/or of domains registered with RedOrum LLC or its affiliates only in the event that at least one of the following occur: i) there is received by the Compliance Manager ( legal@nullredorum.com) a written statement (in a form acceptable to RedOrum LLC or applicable affiliate) containing the notarized signature of the original owner of the account, website, and/or domain, as applicable, confirming that ownership of the website, domain, and/or account, as applicable, has been transferred to a person (claimant) claiming to own said website, domain and/or account, as applicable, along with a written statement containing the notarized signature of the claimant confirming that she or he has acquired said ownership, has read and agrees to be bound by these Terms of Service; or, ii) RedOrum LLC is served with a valid order of a court, agency, or appropriate internet controlling entity such as Internet Corporation for Assigned Names and Numbers (“ICANN”), requiring RedOrum LLC (or affiliate) to transfer such ownership to said claimant. Or by a legal and binding electronic document sent by RedOrum LLC for electronic signature.
Subscriber acknowledges and accepts that the foregoing policies and procedures regarding transfer of ownership are the only way that notice(s) can be given and changes can be effected regarding said transfer of ownership within RedOrum LLC; and, further, that any other changes made directly by Subscriber or by others within the online records of RedOrum LLC or of its affiliates shall not be deemed effective to give notice to RedOrum LLC or its affiliates of any changes in said ownership.

1.6. Disputing Site or Account Ownership: Disputes sometimes arise between or among multiple persons claiming ownership of or rights in a site hosted by RedOrum LLC or in an associated RedOrum account. RedOrum  is not obligated to resolve any such disputes. If multiple persons are claiming ownership of or rights in a site hosted by RedOrum LLC or in an associated RedOrum LLC account, and, in RedOrum LLC’s sole judgment, there is not certainty as to the ownership of or rights in said site or account, then RedOrum LLC will, to the extent of its knowledge and ability, notify said persons of the dispute and demand that said persons promptly, conclusively, and finally resolve the dispute in a manner which makes clear who the owner(s) and/or interest holder(s) is/are and in a manner which relieves RedOrum LLC of all liability or obligations concerning the dispute. If the disputing persons fail so to resolve the dispute within what RedOrum LLC, in its sole judgment, deems to be a reasonable time, then RedOrum LLC, at its option and without any obligation to do so, may, in accordance with and subject to the laws of the State of California, file an interpleader action in a court of competent jurisdiction within the State of California for the purpose of allowing the contending persons to resolve said dispute and to reach certainty regarding ownership of or rights in said site and/or account. The person or persons conclusively and finally determined by the interpleader action to be the rightful owner(s) or interest holder(s) of said site and/or associated account shall be obligated to reimburse RedOrum LLC for all of its expenses relative to said interpleader action including without limit all its court costs and reasonable attorney fees. All amounts owed to RedOrum LLC under this section shall be deemed due and payable immediately upon thirty (30) days after judgment or settlement is reached.

1.7. Transfer of Hosting Account Ownership Notification: Pursuant to section 1.5. above, please note that any changes to the owner and/or billing information stored in the account control panel must be changed by the Transferor or the Transferee or by written request of the current Owner/Subscriber/Authorized person. RedOrum LLC will not be liable for any inability to access the account due to a failure to release access information. A request for our electronic form to transfer ownership is required. Filing this form with RedOrum LLC does not guarantee any changes. RedOrum LLC reserves the right to accept or reject the request for any reason in its sole and absolute discretion.

2. Term of Agreement

2.1. This Agreement becomes effective immediately when Customer clicks “I Agree.” (“Effective Date”) and remains effective and binding until terminated by either party as outlined below. This Agreement may only be modified by a written amendment signed by an authorized executive of RedOrum, or by the posting by RedOrum of a revised version.

2.2. The term of this Agreement is set to the Customer’s billing term (“Term”). If no Term is set out, the Term shall be one (1) year. Upon expiration of the initial Term, this Agreement shall renew for periods equal to the length of the initial Term, unless one party provides notice of its intent to terminate as set out in this Agreement.

3. Obeying the Law and Sharing Data

3.1. RedOrum is registered and located within the United States of America and as such, we are required to comply with the laws and official policies of the United States of America, regardless of where the Services are provided. In addition, RedOrum will comply with appropriate laws and official policies set forth by the State of California.

3.2. You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside or your organization is located regarding user content, user websites, online activities, email and your use of the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside. The Services are controlled and operated by us from our offices within the United States and we make no representation that the Services are appropriate or available for use in other locations. Those who access the Services from other locations do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Services where prohibited by law.

For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of this Agreement. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR).

To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and process (e.g., store) such personal data on your behalf.

4. Payments and Billing

4.1. RedOrum will automatically bill your payment method on file on the first day of each Billing Term, as defined below. All fees are billed in United States Dollars (“USD”) and are subject to change with thirty (30) days prior notice to you.

4.2. Your “Billing Term” is the period of time you have chosen to receive bills for the Services. For example, your Billing Term may be monthly, quarterly, or annually.

4.3. RedOrum is only able to automatically collect payment from customers with credit cards stored on file (as opposed to credit cards used one for one time transactions) or active PayPal subscriptions. All other payment methods (one time credit card payments, check, echeck, money order, wire, PayPal one time payments, etc.) must be initiated manually by you. It is your obligation to ensure that reoccurring fees are paid on their due date.

4.4. As a customer of RedOrum, it is your responsibility to ensure that all billing information on file with RedOrum is accurate, and that any credit card or other automated payment method on file has sufficient funds for processing. You are solely responsible for any and all fees charged to your payment method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees. RedOrum screens all orders for fraud and other unethical practices. Services will not be activated until this fraud screen is completed. In certain cases, if your account is flagged for fraud, third party services, such as domain name registrations, will not be processed. RedOrum has no liability for the failure to provide Services, including third party services, if your account fails its fraud screen.

4.5. For payment, RedOrum accepts Check, Wire, E-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.  Credit card information may be entered through our secure payment gateway online, or if internet access is unavailable, a Credit Card Authorization Form will be required to process payment.  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 $35.00 fee is assessed for each returned check.) Certain items invoiced are subject to California State Environmental Fee (SB20).  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 info@nullredorum.com.

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

4.7. 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.

4.8 RedOrum LLC may change prices and fees charged to you for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription.

4.9. 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 executive.  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.

4.10. 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.

5. Late Payments

5.1. 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 3% late fee and account suspension for hosting accounts and or services provided by RedOrum.

5.2. For Hosting Services: If after 14 days payment has not been received or we have not been contacted regarding payment, your account will be terminated and all files, backups and databases will be deleted without any further notice. Accounts that are not paid prior to the invoice’s due date, will automatically be suspended 1 day after. Recurring credit card payments will automatically be charged 7 days prior to the service’s invoice due date.

5.3. Reactivation of closed accounts due to delinquency incurs a $30.00 reactivation fee as well as payment of the balance due in full.

5.4. All other Invoices: additional 3% 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.

5.5. For check, wire, or e-check payments, please indicate the invoice number on the check so the account can be properly credited.

5.6. For late payments, please email billing@nullredorum.com arrange payment.

5.7. 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 3% 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.

5.8. RedOrum is not responsible for any damages or losses as a result of suspension or termination for non-payment of your account. In addition, RedOrum reserves the right to refuse to re-activate your Services until any and all outstanding invoice(s) have been paid in full.

6. Refund Policy and Billing Disputes

6.1. RedOrum offers a sixteen (16) day money back guarantee on shared web hosting and reseller packages. No refunds are offered after the first sixteen (16) days of Service.

6.2. 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.

6.3. No refunds are offered on virtual private servers (VPS), cloud hosting accounts, hybrid hosting accounts, dedicated servers, custom packages, colocation, setup fees, domain registrations, domain transfers, domain renewals, SSL certificates, dedicated IP addresses, advanced support fees, processing fees, or software licenses.  RedOrum reserves the right to deduct fees for value added services that may have been included in the Services at no additional fee, such as a WHMCS license, Promotions or SSL certificate, from any refunds.

6.4. Only first-time accounts are eligible for a refund under the 16 day money back guarantee. For example, if you had or still have an account with RedOrum before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with RedOrum.  In addition, refunds are not offered for accounts that are suspended or terminated for violating this Agreement.

6.5. Refunds will be issued only to the payment method that the original payment was sent from, and may take up to one (4) weeks to process.  Eligible payments older than sixty (60) days may require a refund via PayPal or mailed check due to RedOrum’s merchant account policies and procedures.

6.6. The following methods of payment are non-refundable, and refunds will be posted as credit to the hosting account for current or future Services: bank wire transfers, Western Union payments, checks, e-checks, and money orders.

6.7. RedOrum will not activate new orders or provide additional Services for customers who have an outstanding balance with RedOrum.  For a new order to be setup or a new package to be activated, you must have a balance of $0.00, unless otherwise stated by RedOrum in writing.

6.8. Exchange rate fluctuations for international payments are constant and unavoidable. Like all payments, all refunds are processed in U.S. dollars, and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and RedOrum is not responsible for any change in exchange rates between time of payment and time of refund. In addition, RedOrum reserves the right to refuse a refund at any time for any or no reason.

6.9. If you believe there is an error in RedOrum’s billing, you must contact RedOrum about it, in writing, within thirty (30) days of the date you are billed or charged. RedOrum’s obligation to consider your claim is contingent on your providing it with sufficient facts for RedOrum to investigate your claims. You waive your right to dispute any charges or fees if you fail to notify RedOrum in writing or meet the deadline set out above. If RedOrum finds that your claim is valid, RedOrum agrees to credit your account on your next billing date. Third party fees are not subject to this dispute provision and are final.

7. Chargebacks, Reversals, and Retrievals

7.1. If RedOrum receives a chargeback or payment dispute from a credit card company, bank, or Paypal, your Services may be suspended without notice. A $50 chargeback fee (issued to recoup mandatory fees passed on to RedOrum by the credit card company), plus any outstanding balances accrued as a result of the chargeback(s), must be paid in full before service is restored. Instead of issuing a chargeback, please contact RedOrum’s billing team to address any billing issues.

7.2. If RedOrum appeals a chargeback or other payment dispute and wins the dispute or appeal, the funds will likely be returned to RedOrum by the credit card company or bank. Any double payment resulting from this process will be applied to Customer’s account in the form of a service credit.

8. Cancellation of Services and Returns

8.1. Either party may terminate this Agreement by providing notice to the other as provided herein.

8.2. You may cancel service from your client area portal.  Clients can request cancellation of any of their products & services.  Once requested, you will receive notification by email and you will be able to review the reason provided in Clients > Cancellation Requests.  The requests are divided into two categories – Open & Completed.  The client is provided 2 choices for the cancel request when submitting – either instant cancellation or at the end of the current billing cycle. To reduce the likelihood of error and ensure the security of your account, RedOrum does not accept cancellations via any other method or location, including, but not limited to, telephone, email, or live chat. Cancellations are not final until confirmed by a representative of RedOrum in writing by email.

8.3. Cancellations must be requested through the client area portal 48 hours or more prior to the Service’s renewal date. If a cancellation notice is not received within the required time frame, you will be billed for the next Billing Term and are responsible for payment as set forth above.

8.4. If you pay RedOrum via PayPal, it is your responsibility to cancel any subscription for recurring PayPal payments. RedOrum (which has no control over PayPal subscription payments) is not responsible for payments made from your PayPal account after cancellation and is under no obligation to refund such payments made after cancellation.

8.5. RedOrum may terminate this Agreement at any time by providing notice to Clients via email.  Should RedOrum terminate this Agreement for any reason other than a material breach, or violation of RedOrum’s Acceptable Use Policy, any prepaid fees shall be refunded.

8.6. One party may also terminate this Agreement upon the occurrence of a material breach which has not been cured by the other party within ten (10) days of their receipt of written notice of the breach. For the purposes of defining a material breach, materiality shall be determined from the perspective of a reasonable business person with significant experience in conducting business on the Internet. Notices of material breach must contain sufficient detail for the party against whom the assertion of material breach is directed to identify the breach and attempt to take corrective action.

8.7. 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@nullredorum.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.  Hardware returns are subject to a 25% restocking fee. If there is an error, RedOrum will attempt at best effort to resolve.

9. Refusal of Service

9.1. RedOrum reserves the right to refuse service to anyone at any time.  Any material that, in RedOrum’s judgment, is obscene, threatening, illegal, or violates RedOrum’s terms of service in any manner may be removed from RedOrum’s servers (or otherwise disabled), with or without notice.

9.2. Similarly, RedOrum reserves the right to cancel, suspend, or otherwise restrict access to the Service(s) it provides at any time, for any or no reason, and with or without notice. RedOrum is not responsible for any damages or loss of data resulting from such suspension or termination.

9.3. If any manner of communication with RedOrum’s staff could be construed as belligerent, vulgar (curse words), attacking, highly rude, threatening, or abusive, you will be issued one warning. If the communication continues, your account may be suspended or terminated without refund. This includes, but is not limited to, threats to sue, slander, libel, publicly post, or initiate a chargeback.

9.4. 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.

9.5. RedOrum happily accepts orders from outside the United States, but may limit accounts from certain countries with a high fraud rate. To help protect RedOrum and its customers from fraud, RedOrum may ask you to provide a copy of a government issued identification and/or a scan of the credit card used for the purchase. Wire payment may be required prior to any shipments.  If you fail to meet these requirements, the order may be considered fraudulent in nature and denied.

9.6. Due to United States law, RedOrum cannot accept any orders originating from countries that the United States has established an embargo on or otherwise prohibited trade with. By becoming a customer, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

10. Resource Usage

10.1. Each customer is required to utilize as little server resources as possible, so as to allow for reasonable performance by all RedOrum customers. Because server CPU and memory are shared resources on our shared hosting, excessive consumption of these resources can interfere with or completely prevent normal service performance for other users. RedOrum reserves the right to suspend or terminate Services on any account that, at its sole discretion, is abusing server resources. Such suspension or termination can occur at any time without prior warning, and for any or no reason.

10.2. Enforced resource limits for shared and reseller packages:

  • 10% CPU Usage
  • 5% Memory Usage or 512 MB Memory
  • 50 Running Processes
  • 15 Minute Max Execution Time
  • 150,000 Total Inodes
  • 500 outgoing email messages per 60 minute period

(all excess messages will be discarded and not delivered)

11. Bandwidth Usage

11.1. You are allocated a monthly bandwidth allowance depending on the hosting package you purchase. See Disk Space, Bandwidth, and Email Usage Definitions.

11.2. Should your account pass the allocated amount, RedOrum reserves the right to: a) suspend the account until the start of the next allocation, b) suspend the account until more bandwidth is purchased at an additional fee, c) suspend the account until you upgrade to a higher level of package, and/or d) charge you an additional fee for the overages.

11.3. Unused transfer in one month cannot be carried over to the next month and bandwidth is not pooled among multiple servers or accounts unless otherwise specified by a representative of RedOrum in writing.

12. Licenses

12.1. RedOrum grants to you a non-exclusive, non-transferable, worldwide, royalty free license to use technology provided by RedOrum solely to access and use the Services. This license terminates on the expiration or termination of this Agreement. Except for the license rights set out above, this license does not grant any additional rights to you. All right, title and interest in RedOrum’s technology shall remain with RedOrum, or its licensors. You are not permitted to circumvent any devices designed to protect RedOrum, or its licensor’s ownership interests in the technology provided to you. In addition, you may not reverse engineer this technology.

12.2. You grant RedOrum, or to any third parties used by RedOrum to provide the Services, a non-exclusive, non-transferable, worldwide, royalty free, license to use, disseminate, transmit and cache content, technology and information provided by you and, if applicable, your End Users, in conjunction with the Services. This license terminates on the expiration or termination of this Agreement. All right, title and interest in your technology shall remain with you, or your licensors.

13. Service Modifications

13.1. RedOrum reserves the right to add, modify, or remove any or all features from any service RedOrum provides, at any time, with or without notice. This includes, but is not limited to, disk space limits, bandwidth limits, domain limits, pricing, and third party applications. These changes can be made for any or no reason and RedOrum does not guarantee the availability of any feature, whether written or implied. If the removal of a feature materially impacts your ability to use the Service, you may terminate this Agreement. For the purposes of this paragraph only, the term “materially” means that a reasonable business person would not have purchased the Services for the purposes used by you.

14. Uptime Guarantee

14.1. RedOrum guarantees that for shared hosting services your website and services that directly affect its display to the Internet (such as HTTP or MySQL) will be accessible 99% of the time in any given calendar month. If RedOrum fails to meet its Uptime Guarantee, you will be issued a credit equivalent to one (1) day of service per sixty (60) minutes downtime. The first 60 minutes (or 0.1%) of downtime per month are not counted towards any credit and the maximum credit available is one (1) month of service.

14.2. Credits are only available for future services/invoices and cannot be issued as refunds.  All credit requests must be sent via your client area support ticket, no later than the tenth (10th) day of the month following the SLA (as that term is defined below) violation. Credits are issued based on the uptime for the previous calendar month only and requests not submitted within the required time frame cannot be approved.

14.3. For example, if you experienced less than 99% uptime in the month of November, you would need to submit your request for credit no later than December 10th.

14.4. The following circumstances are not eligible for credit and are specifically excluded from our Uptime Guarantee: scheduled maintenance, DDoS or similar attack, hardware failure, third-party software failure, customer maxing its resource container, issues resulting from errors or omissions by the customer, issues relating to the customer’s ISP, firewall blocks/bans, or any other circumstance beyond our reasonable control. This clause does not apply to subscribers of Virtual Dedicated Server (“VDS”) or Dedicated Server packages. All credits are at the discretion of RedOrum, based on its investigation of any issue that is covered by this section.

14.5. If RedOrum provides a credit, or Service Level Agreement, for a particular Service, this shall be your sole and exclusive remedy for defects in, or issues with, the Service.

15. Web Hosting Support Policy

15.1. RedOrum will provide best effort technical support to you eight (8) hours a day, three-hundred-sixty-five (365) days a year. The only official method for technical support is via RedOrum’s client area at opening a ticket.  Telephone, text, chat and direct e-mail are not official methods of support and are governed by the terms and conditions set forth in the following clause.

15.2. Limited support will be provided, at RedOrum’s discretion and subject to availability of staff, via telephone, text, chat, and/or direct e-mail. RedOrum will always do its best to provide fast, friendly, and helpful support over the telephone, text, chat and e-mail, but these options are not official methods of support and no guarantee is made as to the availability, accessibility, or technical expertise provided via these mediums other than through an open ticket from your client area.

15.3. Inquires via telephone, text or live chat support should be limited to general questions which do not require access to any account or server to investigate or resolve and should not be used to request the status of or provide updates to a help desk ticket. Any issue requiring investigation, research, or access to an account/server should be sent via the client area portal. RedOrum reserves the right to direct any issue to the client area portal at its discretion and to refuse to provide support for such issues via telephone, text or live chat.

15.4. Resellers are responsible for supporting their own customers. RedOrum does not provide support to its resellers’ customers. If a reseller’s customer contacts RedOrum, RedOrum reserves the right to place the customer account on hold until the reseller can assume its responsibility for its customer. All support requests must be made by the reseller on its customers’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller’s account and the actions of their customers. RedOrum will hold any reseller responsible for any of its customers’ actions that violate the law or the terms of service set forth in this Agreement.

16. Advanced Support Policy

16.1. Support to Customer is limited to RedOrum’s area of expertise and is available only for issues related to the physical functioning of the Services. RedOrum does not provide support for any third party software including, but not limited to, software offered by but not developed by RedOrum. RedOrum reserves the right to refuse assistance with and/or assess an “Advanced Support Fee” of $125.00 USD per hour (1 hour minimum) for any issue that, at RedOrum’s sole discretion, is: (a) outside the scope of standard support; or (b) caused by customer error or omission. RedOrum will always ask for your permission before providing advanced support that may be subject to a fee. By providing your permission, you agree to pay Advanced Support Fees as billed.

17. Backup Services

17.1. Your use of RedOrum’s Services is at your sole risk. This service is provided to you as a courtesy. RedOrum is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on RedOrum’s servers. Any and all backup services provided by RedOrum, whether paid or not, are offered with no warranty or guarantee of their date, accuracy, and integrity.

17.2. Backups are performed on servers that house shared and reseller packages only. No backups are performed for virtual private server (VPS/VDS) or dedicated server packages, unless you specifically purchase an additional service for this purpose. If your hosting account exceeds 150,000 inodes, the account will not be included in RedOrum’s automatic backup process.

17.3. If you ask RedOrum to restore a backup of your data that is located on a backup server maintained by RedOrum, you agree to pay a non-refundable “restoration fee” of $25.00 per backup restored to complete the request. By requesting that RedOrum restore a backup for you, you also confirm a backup restoration will overwrite any and all current data on your account. RedOrum cannot be held liable if a backup restoration does not complete successfully. RedOrum will never charge a backup fee to restore a backup to address an error or omission caused by RedOrum.

18. Domain Name Registrations, Transfers, and Renewals

18.1. RedOrum will make every effort to ensure domain names are registered, transferred, and/or renewed on time. If a domain name registration, renewal, or transfer is not processed when due, it is your responsibility to contact RedOrum within fifteen (15) days of the incident for RedOrum to investigate. Redemption fees may be charged to Customer for domains that remain expired for more than thirty (30) days, when no contact is made to RedOrum in the required timeframe. RedOrum’s liability is limited to the amount paid for the domain name.

19. Expired Domain Deletion Policy

19.1. Immediately after the expiration of the term of a domain name’s registration services and before deletion of the domain name in the applicable registry’s database, you acknowledge that RedOrum may direct the domain name to name servers and IP address(es) designated by RedOrum, including, without limitation, to no IP address or to IP address(es) which host a parking page and/or a commercial search engine that may display advertisements. You acknowledge that RedOrum may either leave your WHOIS information intact or that RedOrum may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name.

19.2. For a period of approximately thirty (30) days after expiration of the term of domain name registration services, you acknowledge that RedOrum may provide a procedure by which expired domain name registration services may be renewed. You acknowledge and agree that RedOrum may, but is not obligated to, offer this process, called the “reactivation period.” You acknowledge that you assume all risks and all consequences if you wait until close to or after the expiration of the original term of domain name registration services to attempt to renew the domain name registration services. You acknowledge that RedOrum, for any reason and in its sole discretion, may choose not to offer a reactivation period and that RedOrum shall not be liable therefore. You acknowledge that reactivation period renewal processes, if any, may involve additional fees which RedOrum may determine at its discretion. You acknowledge and agree that RedOrum may make expired domain name services(s) available to third parties, that RedOrum may auction off the rights to expired domain name services (the auction beginning near the end or after the end of the reactivation period), and/or that expired domain name registration services may be re-registered to any party at any time.

20. IP Address Allocation

20.1. Any dedicated IP order, in addition to ones provided with a hosting package, may be subject to IP justification. Justification practices are subject to change to remain in conformity with policies of American Registry for Internet Numbers (“ARIN”). RedOrum reserves the right to deny any dedicated IP request based on insufficient justification or current IP utilization.

20.2. 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.

 20.3. 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.

21. Restrictions on Storage Space Usage

21.1. All accounts are subject to the following restrictions on storage space usage: a) accounts must have valid, working websites, and not violate any previously subscribed terms; b) accounts are not for use of mass storage of backups, files, audio, video, zip files or others, as determined by RedOrum, at its sole discretion; and c) accounts are not for use of mass distribution of files, such as torrents or mirrors. Any account found violating these terms may be suspended or terminated without warning.

22. Multi-Location Hosting

22.1. RedOrum does not guarantee the availability of any and all host locations, and reserves the right to add, move, modify, or remove any location at any time without notification. RedOrum also reserves the right to deny the transfer of any account to a new location for any or no reason.

23. Warranties

23.1. Your Warranties to RedOrum

23.1.1. You represent and warrant to RedOrum that: (i) you have the experience and knowledge necessary to use the Services; (ii) you will provide RedOrum with material that may be implemented by it to provide the Services without extra effort on RedOrum’s part; and (iii) you have sufficient knowledge about administering, designing, and operating the functions facilitated by the Service to take advantage of it.

23.1.2. You expressly warrant that you own the entire right, title and interest to, or have an appropriate license to use, all material provided to RedOrum, or which may be accessed or transmitted using the Services. You also warrant that to the extent you do business with other parties using the Services, that they have the same ownership interests in the materials provided to you, or accessed via you, that are set out in this paragraph.

23.2. RedOrum’s Warranties




23.3. The parties expressly disclaim the applicability of the United Nations Convention on the International Sale of Goods.

24. Limitation of Liability



25. Indemnification

25.1. You agree to indemnify, defend and hold harmless RedOrum, subsidiary and affiliated companies, third party service providers and each of their respective officers, directors, employees, shareholders and agents (each an “indemnified party” and collectively, “indemnified parties”) from and against any and all claims, damages, losses. liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys’ fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of, or relating to: (i) your use of the Services; (ii) any violation by you of any of RedOrum’s policies; (iii) any breach of any of your representations, warranties or covenants contained in this Agreement; or (iv) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement. For the purpose of this paragraph only, the terms used to designate you include you, your customers, visitors to your website, and users of your products or services the use of which is facilities by RedOrum.

26. Governing Law and Disputes

26.1. This agreement shall be governed by the laws of the State of California, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. Exclusive venue for all disputes arising out of or relating to this Agreement shall be the state and federal courts in San Diego County, California, and each party agrees not to dispute such personal jurisdiction and waives all objections thereto.

27. Partial Invalidity

27.1. If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. RedOrum and Customer agree to renegotiate any term held invalid and to be bound by mutually agreed substitute provision.

28. Changes to the Terms of Service

28.1. RedOrum reserves the right to modify this Agreement, in whole or in part, from time-to-time. RedOrum will provide you with notices of such a change by posting notice on their website. Unless RedOrum is required to make a change in an emergency, any change will be instant after it is posted. If such a change materially diminishes your ability to use the Services, you may terminate this Agreement. You are encouraged to review the content of this Agreement on a regular basis.

29. Assignment

29.1. This Agreement may be assigned by RedOrum. It may not be assigned by you. This Agreement shall bind and inure to the benefit of the corporate successors and permitted assigns of the parties.

30. Force Majeure

30.1. Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party’s reasonable control, including, without limitation, acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, failure of telecommunication carriers, or delays of common carriers or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day-to-day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible but in no event less than ten (10) days from the beginning of the event.

31. No Waiver

31.1. No waiver of rights under this Agreement or any RedOrum policy, or agreement between Customer and RedOrum shall constitute a subsequent waiver of this or any other right under this Agreement.

32. No Agency

32.1. This Agreement does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.

33. Survival

33.1. The following paragraphs shall survive the termination of this Agreement: 18, 24 through 27, and 33.

34. Spam or Unsolicited E-Mail

34.1. 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.

34.2. 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.

35. Free Domain Offers

35.1. 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.

 36. Newsletters & Mailers

36.1. 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 info@nullredorum.com.

37. Support Services

37.1. 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.

37.2. 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.

38. Design Templates

38.1. 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]

 39. Affiliate Program

39.1. 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.

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

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

39.4. 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.

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

39.6. 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.

39.7. 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@nullredorum.com 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.  Updated forms may be found on www.irs.gov website.

40. Intellectual Property Rights

40.1. 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.

41. Disclaimer

41.1. 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.

41.2. 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.

41.3. 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.

41.4. 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.

41.5. 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.

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

41.7. 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.

any manner, of the services provided by RedOrum to Customer (collectively, the “Services”).

42. Blogs, articles, reviews & content

42.1. RedOrum publishes content on this website for general information use only. The information and materials in this website may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website. RedOrum is not affiliated, authorized, endorsed by, or in any way officially connected with any mentioned companies, apps, software, or its products or any of its subsidiaries or its affiliates unless noted. All trademarks reproduced in this website, product names, logos, brand which are not the property of, or licensed to the operator, are the property of their respective trademark holders. We do not sponsor or endorse the reviews and other content. The information herein are provided for your convenience to provide further information including links and images but we do not endorsed nor hold responsibility for the content of the website on the specific link.

43. Amazon Associates Program

43.1 We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.

By purchasing and/or using the Services in any manner, you represent that you have read, understand, and agree to all terms and conditions set forth in this Agreement, and that you are at least eighteen (18) years old and have the legal ability to engage in a contract in the State of California.

If you do not agree to all the terms and conditions set forth in this Agreement, then you may not use any of the Services.  If you are already a customer of RedOrum and do not agree with the terms and conditions set forth in this Agreement, you should immediately contact RedOrum to cancel your Services.