1. Parties
Web Hosting Services are provided
by Redseed Design to Client conditional on the terms and
conditions set forth below. By using these services, you
agree on your own behalf, and on behalf of any entity on
whose behalf you may act, to accept and abide by these Web
Hosting Agreement Terms and Conditions. If you do not agree
then you should not use these services.
Redseed Design has the right, in its sole discretion, to
add to, remove, modify or otherwise change any part of the
Web Hosting Agreement Terms and Conditions, in whole or in
part, at any time.
2. Usage Policy
We reserve the right to suspend or cancel a Client's access
to any or all services we provided when we decide that the
account has been inappropriately used. In short we do not
allow certain activities hosted on our servers:
No adult
content (No Pornography)
No online gambling
No Spam,
No unsolicited e-mailing
No
copyright infringement
4. Payment Policies
All accounts are set up on a pre-pay basis and will auto-renew
for the same hosting period unless explicitly cancelled by
the Client. Setup fees may be charged for all new accounts
and major account changes. All pricing is guaranteed for
the term of pre-payment. We reserve the right to change prices
at any time. Any account not brought current within a fortnight
(14 days) of e-mail notice or exceeding this time frame in
any way is subject to suspension. The Client is responsible
for all money owed on the account from the time it was established
to the time that they receive confirmation from us of their
cancellation request for termination of services.
5. Termination
and Cancellation
All account cancellations must be sent to Redseed Design
in writing via Clients registered email address of the account
holder or fax to us with a valid signature of the primary
contact of the account, account name, reason for cancellation.
Due to security concerns, Clients cancellation requests are
always verified and confirmed by Redseed Design via email
to the registered email address of the account holder. We
are not responsible to action any cancellation request that
we do not receive. If Client does not receive a confirmation/acknowledgment
email for their cancellation request, then Redseed Design
did not receive it.
6. Limitation of Liability
We shall
use our reasonable endeavors to make available to you at
all times the Server and the Services but we shall not, in
any event, be liable for interruptions of Service or down-time
of the Server. Client agrees that Redseed Design will not
be liable for any:
(a) Suspension or loss of the services,
except to the limited extent that a remedy is provided under
this agreement;
(b) Interruption of business;
(c) Access
delays or access interruptions to the web site(s) provided
through or by the services;
(d) Loss or liability resulting
from acts of god;
(e) Data non-delivery, mis-delivery, corruption,
destruction or other modification;
(f) Events beyond the
control of Redseed Design;
(g) The processing of Clients
application for the services; or
(h) Loss or liability resulting
from the unauthorized use or misuse of Clients account identifier
or password - especially in case of hackers.
Client further agrees that Redseed Design
will not be liable for any indirect, special, incidental,
or consequential damages of any kind (including lost profits)
regardless of the form of action whether in contract, tort
(including negligence), or otherwise, regardless of whether
or not Redseed Design has been advised of the possibility
of such damages. In no event shall the maximum aggregate
liability of Redseed Design exceed the total amount paid
by Client for the hosting services for a one year period.
7.
Indemnification
You shall indemnify us and keep us indemnified
and hold us harmless from and against any breach by you of
these terms of business and any claim brought against us
by a third party resulting from the provision of Services
by us to you and your use of the Services and the Server
including, without limitation, all claims, actions, proceedings,
losses, liabilities, damages, costs, expenses (including
reasonable legal costs and expenses), howsoever suffered
or incurred by us in consequences of your breach or non-observance
of this Agreement.
8. Entire Agreement
These terms and conditions together with any documents expressly
referred to in them, contain the entire Agreement between
us relating to the subject matter covered and supersede any
previous Agreements, arrangements, undertakings or proposals,
written or oral: between us in relation to such matters.
No oral explanation or oral information given by any party
shall alter the interpretation of these terms and conditions.
In agreeing to these terms and conditions, you have not relied
on any representation other than those expressly stated in
these terms and conditions and you agree that you shall have
no remedy in respect of any misrepresentation which has not
been made expressly in this Agreement. We reserve the right
to change this agreement without notice.
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