Hosting Terms and Conditions
This agreement is required to obtain and maintain a web hosting service with Interactive Red. It acts as protection for both Interactive Red and its clients, to prevent misunderstandings, and to provide the framework for a legal recourse in the event of a dispute or violation.
Our services may only be used for lawful purposes. Transmission or solicitation of any material which violates national and/or international laws which may apply in our local jurisdiction or your local area is prohibited. This includes material which is obscene, threatening, harassing, libellous, or in any way a violation of intellectual property laws. PORNOGRAPHIC CONTENT & WAREZ SITES ARE STRICTLY PROHIBITED.
You agree to indemnify and hold harmless Interactive Red in any legal action which arises as a result of your use of our services, without limitation or exception.
Interactive Red makes no warranties or representations of any kind for the services being offered, including warranties of merchantability or fitness for any purpose. You agree not to hold Interactive Red responsible for any loss you suffer as a result of using our services, including but not limited to loss resulting from service delays and incomplete or interrupted service, regardless of cause. However, Interactive Red agrees that any complete service interruption in excess of 24 hours may justify a refund or credit to its clients for the appropriate amount, but that no further compensation will be made. Scheduled outings and account suspensions do not count towards our refund policy.
You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorised for, and impairing the availability, reliability, or quality of service for other clients. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorised access.
You agree that the security of your account or server is first and foremost your own responsibility. You further agree that if you believe the security of your account or server has been compromised in any way, you will notify Interactive Red immediately. You agree that if you become aware of misuse of your account or server, and do not notify Interactive Red, you will be held responsible for that misuse.
You agree not to transmit unsolicited or prohibited advertising through electronic mail or other distributed internet discussion system through Interactive Red's Server services. You specifically agree that the use of Interactive Red’s hosting services for unsolicited mass mailings or postings (commonly known as "Spam") will cause your services to be terminated immediately and without warning, and that you will be held legally responsible for any and all damages to Interactive Red, both monetary and in reputation, as well as hourly fees for reading the complaints which may arise.
You agree that we have the right and responsibility to fully co-operate in any legal investigation regarding any aspect of our services, including services sold to you.
You agree to supply a current and truthful name, postal address, billing address and telephone number for our records. Interactive Red agrees not to sell or donate its mailing list to any other company or person, and not to publish any information about its clients beyond that which is freely published via "finger" and other standard system utilities.
Interactive Red will use reasonable efforts to protect and backup data for clients on a regular basis, however, Interactive Red does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, you are solely responsible for making backup files in connection with the use of our services.
This contract supersedes any written, electronic, or oral communication you may have had with Interactive Red or any representative thereof, and constitutes the complete and total agreement between the parties.
Violation of any of the terms and conditions of this contract may result in the immediate termination of your services with Interactive Red, at our discretion. Criminal or civil prosecution may result in extreme cases.
- Client agrees to an annual contract. Accounts are payable yearly where an agreement is provided either by email, telephone, mail or fax. The date at which the account becomes active shall be determined by either the date on which the site is launched or the date on which the hosting account is created, whichever is deemed appropriate.
- This agreement will automatically renew for successive yearly period unless cancelled in writing at least seven days prior to the renewal date. Client will receive an invoice via email for hosting charges. Renewal prices are subject to change. Renewal of services by client indicates agreement to contract revisions.
- Outstanding accounts for hosting charges are required to be paid in full, no later than 30 days from the date of the invoice. If an account is not paid in full within 14 days of the due date then we have the right to suspend your account (without notice) until all payments have been received.
- Interactive Red reserves the right, in its sole discretion, to deactivate the Client's account(s) upon an indication of credit problems including delinquent payments. In such case Interactive Red is not responsible for saving or returning any data, files or directories stored on the server for/to the Client.
- A reconnection fee of £50 + VAT applies to any domain being reinstated past the date of suspension or cancellation. The Client also agrees that any unpaid balance due shall bear interest at the rate of 8% compounded per annum, and that costs of collection, including Court costs and reasonable legal fees shall be added as principal amounts to such balance.
- Interactive Red reserve the right to decrease or increase charges at any time. Charges will be posted on www.interactivered.com.
- Bandwidth overage fees will apply on accounts that exceed the data limits.
A Client is not allowed to resell the storage and/or transfer services provided by Interactive Red unless the express permission of Interactive Red is sought.
Hardware, Equipment and Software
Client is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access the Interactive Red's services. Interactive Red makes no representations, warranties or assurances that Client's equipment will be compatible with Interactive Red's services.
Client certifies that he or she is at least 18 years of age.
- Users of Internet and electronic forums should be considerate of the expectation and sensitivities of others on the network when posting material for electronic distribution. The network resources may not be used to impersonate another person or misrepresent authorisation to act on behalf of others or Interactive Red. All messages transmitted via Interactive Red's service should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorised access.
- Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Interactive Red is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network Interactive Red or its clients may utilise.
- Use of distribution lists via unsolicited electronic mail or other electronic mailings is strictly prohibited. Interactive Red reserves the right to deactivate the Client's Server account(s) upon an indication of such activity. In such case Interactive Red is not responsible for saving or returning any data, files or directories stored on the server for/to the Client. Client hereby agrees to indemnify and hold harmless Interactive Red from any claim resulting from the Client's or another party's use of electronic mail service(s) on the Client's Server account(s).
- Client expressly agrees that use of Interactive Red's service is at Client's sole risk. Interactive Red, its partners, employees, affiliates, agents, third party information providers, merchants, licensers or the like, cannot warrant that the Interactive Red’s hosting service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided though the Interactive Red hosting service, unless otherwise expressly stated in this Agreement.
- Client hereby agrees that any material submitted for publication by Interactive Red through Client's account(s) will not contain anything leading to an abusive or unethical use of the server product(s) or the host server(s). Abusive or unethical materials and uses include, but are not limited to: pornography, obscenity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity or material(s) advocating illegal activity, and any infringement of privacy or libel.
- Client hereby agrees to indemnify and hold harmless Interactive Red from any claim resulting from Client's publication of material or use of those materials. Interactive Red may or may not give notice before deactivating the use of an account(s) which Interactive Red decides is an abusive or unethical use of or a potentially illegal use of the Server account or host server(s). In such case Interactive Red is not responsible for saving or returning any data, files or directories stored on the server for/to the Client. Client hereby agrees to indemnify and hold harmless Interactive Red for any claim resulting from the submission of illegal materials.
- Under no circumstances, including negligence, shall Interactive Red, its officers, agents or anyone else involved in creating, producing or distributing Interactive Red’s hosting service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use Interactive Red's Server services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorised access to Interactive Red's records, programs or services. Client maintains sole responsibility for data backups and restoration. Client hereby acknowledges that this paragraph shall apply to all content on Interactive Red's hosting services.
- Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which client paid during the term of this Agreement and any reasonable attorney's fee and court costs.
- In the case of "Force Majeure" (as defined below), Interactive Red will notify the Client at the earliest opportunity of the circumstances. "Force Majeure" will entitle either party to withdraw from their contractual obligations. The Client will remain liable for all costs incurred up to the occurrence of "Force Majeure”.
"Force Majeure" means any event or thing outside Interactive Red's reasonable control, which directly or indirectly causes Interactive Red's Servers becoming unable in whole or in part to perform its obligations under this Agreement, and includes but is not limited to: (a) acts of God or the public enemy, national emergencies, asteroids or other space calamity (including but not limited to meteorological or astronomical disturbances), use of atomic weapons or nuclear fusion or fission, radioactive contamination, insurrection, riot, hostile or warlike action in peace or war, sabotage, receive earth station outage, earthquakes, tidal waves, hurricanes, snowstorms, rain fade, fires, floods, or electromagnetic radiation from the sun; (b) strikes, lockouts, labour disputes, work stoppages, embargoes or any other labour difficulties; (c) action or inaction by a government entity or agency; or (d) the unrelated action or inaction of a third party which is beyond Interactive Red's reasonable control, which causes a delay or ultimately a failure to perform Interactive Red's obligations under this Agreement.
Client agrees that Interactive Red is in no way responsible for support for editing or configuring of third party scripts, web pages, FTP transfer of files, problems that are the responsibility of the client, or anything else that is not server specific related. It is Client’s responsibility to ensure that they are in possession of valid licenses for all software used on Interactive Red servers. Interactive Red is unable to provide technical support for third party applications. If Interactive Red is asked to provide support to resolve conflict issues, then a standard consultancy rate applies.
Client agrees that it shall defend, indemnify, save and hold Interactive Red harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Interactive Red, agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Interactive Red against Liabilities arising out of (i) any injury to person or property caused by any products or services sold or otherwise distributed in connection with Interactive Red's Server service; (ii) any material supplied by Client infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on the Server.
- This Agreement may be terminated by either party, without cause, by giving the other party 7 days written notice. Notwithstanding the above, Interactive Red may terminate service under this Agreement at any time without penalty if Client fails to comply with the terms of this Agreement.
- In the event that it becomes necessary for Interactive Red to enforce the terms of this agreement Interactive Red shall be entitled to all reasonable costs and expenses of such enforcement including collection fees, court costs, and attorney's fees.
Acknowledgement and acceptance of this agreement is required for an account to be setup at Interactive Red. By signing-up for hosting services you indicate that you have read and understand this service agreement in its entirety and agree to be bound by its content.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract are agreed to by the both parties upon renewal of services.
The parties agree that this agreement shall be governed by and be interpreted according to English law and International laws enforceable by way of treaty.
Last updated: 27th April 2009