Red Acorn Web Hosting Terms of Service
Agreeing to Red Acorn's Terms of Service is mandatory to use the hosting services. If you have any questions, please contact me.
Billing: At this time I bill monthly and annually, as you prefer. The online sign-up is set to monthly billing, but if you would like to change this at any point just contact me. To be billed yearly, you will have to prepay for a year. If you sign up online via PayPal, they will bill you monthly via email. If you sign up offline via check, I will send you an invoice via email, which is due within 15 days of receipt.
Refunds: If you are not satisfied within your first 15 days I am happy to provide you with a full refund.
Cancellations:
- Monthly Billing: If you cancel after the 15 day grace period of your first billing cycle, your account will be deleted and you are not entitled to a refund of the month within which you cancelled your account.
- Yearly Billing: If you cancel after the 15 day grace period of your first billing cycle, I will refund any unused whole months that are left in your account, from the date you signed up. For example, if you sign up on May 20 and cancel on July 3, you will be refunded the amount from July 20 to April 20 of the next year (9 whole months). I do not refund partial months or do pro-rated billing.
Payments: You may pay with Visa, Master Card, American Express, Discover Card through Paypal, and checks by mail. Please note that your account will be set up and your welcome email with your login information will be sent upon receipt of payment.
Late Payments: All accounts are billed according to the dates they were first activated on (when I set up the account and email you the account information). The amount is due within 10 days of receipt of invoice. Accounts that are past due may be disabled on an individual basis solely at my discretion.
Paypal Subscription Cancellations: If you subscribed to hosting and chose to pay via Paypal payments and if I get a notice from PayPal regarding your subscription cancellation, I reserve the right to suspend your hosting account till the subscription is reinstated or you make other arrangements for payment (ie send a check).
Acceptable Use Policy: All services provided by Red Acorn Design may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material judged to be threatening or obscene, or material protected by trade secret and other statute. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software downloads may only be hosted if you are the writer and copyright owner of the software.
Our server does not support streaming audio and video. Audio and video files may be hosted for regular download as long as they do not violate copyright laws. I reserve the right to change this policy without notice.
The subscriber agrees to indemnify and hold harmless Red Acorn Design and its employees or contractors from any claims resulting from the use of the service which damages the subscriber or any other party. The acceptable use policy is actively and strictly enforced. Offending content or users are suspended from the network, usually as soon as they are discovered. Pornography is prohibited on all Red Acorn servers. This includes sites that include sexually explicit or hardcore images and/or advertising. I do not have a problem with sites of an adult nature, but I do not allow pornographic sites. I also do not allow sites promoting hate crimes, discrimination, homophobia, or racism.
If you think your site may violate these Terms Of Service, please ask me before signing up for an account so that I may determine if I can host your site. Red Acorn Design reserves the right to determine what is and is not an acceptable website according to this acceptable use policy.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
CGI Scripts: Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however I reserve the right to disable any CGI script that effects normal server operation without prior warning.
Banned Scripts : The following scripts are banned from use on the servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.
- IRC or IRC egg drops or bots
- Proxy servers
- Mail bombers
- Anonymous mailers
- IP spoofers
- Port scanners
- nph-proxy
- UBB (Ultimate Bulletin Board, all versions)
- Ikonboard, Yabb (all versions)
- lstmrge.cgi
- FormMail.cgi, FormMail.pl from Matt's Script Archive are not allowed. See nms for better, more secure replacement scripts for all the scripts in Matt's Archive.
Background Running Programs: Background daemons in general are prohibited.
Backup: Red Acorn Design is not responsible for backups for MySql databases. Subscriber acknowledges that they will backup their own databases from the backup utility provided from their control panel. Red Acorn Design will however do other backups of websites, images, cgi-bin, mail, etc. However, backups are performed as a courtesy and I am not responsible for damages due to loss of data.
Commercial Advertising—Email: Red Acorn servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. SPAM /illegal content advertising sites on other servers which in turn contain links to a domain on the servers is prohibited. Spam is any mass unsolicited message in the mediums of newsgroups and/or email. If you are found to have spammed, then I will immediately, without warning, disable your domain. I reserve the right to refuse or cancel service to known spammers. Lastly, I reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund. Server Abuse: Any attempts to undermine or cause harm to a server is strictly prohibited.
Indemnification: Customer agrees that it shall defend, indemnify, save and hold Red Acorn Design and its associates harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Red Acorn Design, 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 Red Acorn Design against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Red Acorn Design servers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.
Accounts Reinstatement: Accounts and domains deleted due to violation of this acceptable use policy cannot be reinstated.
Refusal of Service: I reserve the right to refuse, cancel, or suspend service at my sole discretion.
Limitation of Liability: Red Acorn Design shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Red Acorn Design servers going off-line or being unavailable for any reason whatsoever. Furthermore, Red Acorn Design shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Red Acorn Design servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Uses Policies should be referred to abuse@redacorn.org. All complaints will be investigated promptly.
Disclaimer: Red Acorn Design cannot be held liable for system downtime, crashes, or data loss. I cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Red Acorn Design are resold. Thus, certain equipment, routing, software, and programming used by Red Acorn Design are not directly owned or written by Red Acorn Design. Moreover, Red Acorn Design holds no responsibility for the clients' use of their accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. I reserve the right to remove any account without advanced notice for any reason without restitution as Red Acorn Design sees fit. FURTHERMORE, Red Acorn Design retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.
I do not allow any illegal activity including, but not limited to: pornography, links to pornographic web sites, spamming, illegal music or illegal software, phishing. I don't allow any conduct that violates regulations, or normally accepted practices within the Internet community, whether or not expressly mentioned in this Terms of Service. Use of Red Acorn's services is at the customer's sole risk, I make no warranties.