Terms and Conditions
Red Branch provides web hosting to many clients, and it has a responsibility to protect each client to provide the best services available. The following guidelines were designed to ensure these obligations are met.Introduction
This Terms of Service is an agreement between Customer and Red Branch, ("Agreement") and applies to Customer's account(s) with Red Branch. PLEASE READ THIS DOCUMENT CAREFULLY and retain it for future reference. Please note that the information contained herein is subject to change without notice. Customer agrees to periodically consult this website for changes or amendments to this Agreement. Red Branch may, but is under no obligation to, provide notices of any amendment, modification or update of this Agreement via e-mail to Customers.
General Provisions
While using Services provided by Red Branch you agree to the following terms and conditions.
Definitions
"We" "Us" "Provider" or "Red Branch" refers to Red Branch, and
"You" "Your" "Client" or "Customer" refers to each person or entity who applies for internet service or is a designate of any one who applies for internet service with Red Branch.
Services Provided by Red Branch
Red Branch will rent Internet server space ("Services") to its customers for the purpose of allowing customers to provide http internet content to the general public. The Services allow Red Branch customers to maintain internet websites, receive and maintain e-mail accounts, and access web space via FTP to upload files for their websites. Red Branch customers will use the provided Services in a manner consistent with all applicable United Kingdom(UK) laws. Red Branch will make no effort to edit, control, monitor or restrict the content of data other than as necessary to provide Services. If any of the activities referenced below are committed, Red Branch may immediately terminate Customer's account(s) without notice. Red Branch will be the sole and final arbiter as to what constitutes a violation of the terms and conditions of this Agreement.
All services provided by Red Branch may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any UK or any International laws is prohibited. This includes, but is not limited to: copy righted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Red Branch from any claims resulting from the use of the service which damages the subscriber or any other party.
P or nography is prohibited on all our servers. This includes equally sites that link to such content.
If you are unsure whether or not your site falls into this category feel free to contact us with a description before signing up for an account or publish material as an existing customer.
Red Branch will be the sole arbiter in determining violations of this provision.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to Red Branch servers or any other server on the internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
- Pirated software
- Explicit sites
- Violations of Copyrights
- Hacker programs or archives
- Warez sites
- Hate propaganda
Spam is a direct violation and will get the site deleted without notice or refund. Selling of software and or bulk email addresses is not acceptable on our servers. Spamming WILL get your account terminated.
MP3 and other types of sites designed for downloading of material by a mass user group. This includes but is not limited to, Music, video, audio, Software or Freeware or Shareware, Free Images and backgrounds, and anything else that makes it an excessively high bandwidth site with the sole purpose to distribute freely products for download.
Red Branch will be the sole arbiter as to what constitutes a violation of this provision.
Disk Space and Client Content:
Single-domain hosting accounts: Red Branch offers various single-domain hosting accounts. Neither disk space nor bandwidth can be increased. We reserve the right to not host any single website that consumes over 200 MB of disk space. Each plan has a 15,000 file limit. Single-domain accounts are to be used by the primary owner only. Single domain account holders are not permitted to resell web-hosting services of their website to other parties, however, owners of any multi-domain or reseller plan (starting with the "Web Pro " plan) are welcome to resell. Client agrees that webpages and files uploaded to our servers will not violate any UK or international laws or regulations; infringe on any intellectual property rights of Red Branch or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race,religion, age; promote hate; or contain viruses or other computer programming defects which result in damage to Red Branch or any third party. Customers may not run IRC bots or clients. Unacceptable uses of our service also include: Bulk emailing, unsolicited emailings, newsgroup spamming, p or nographic content or links to adult websites, nudity, copyrighted MP3s, illegal content, copyright infringement, trademark infringement, warez, cracks, or software serial numbers. Red Branch will be the sole and final arbiter as to what constitutes a violation of this policy.
Bandwidth Usage: Red Branch offers various plans with various data transfer allocations per month. All single-domain plans have a 400Mb monthly limit and all multi-domain and reseller hosting plans have a 1.2 GB monthly limit. Monthly limits are listed in the plan details for each hosting plan. Bandwidth is calculated on a recurring 30 days. Single sites that use over 400 Mb per month will automatically be disabled unless prior approval has been given accepting payment for excessive usage. Bandwidth cannot be combined with multiple plans. We reserve the right to not host any website that consumes over 4 GB per month.
Excessive Resource User Policy: Resources are defined as bandwidth and/or processor utilization. A website is considered to be using "Excessive amounts of resources" when it monopolises the resources available by using 10% or more of system resources for longer than 60 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, PHP, FTP, HTTP, etc. A site that consumes over 4 GB/month of bandwidth is also considered "excessive resources." This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. We reserve the rights to suspend or terminate any hosting account that we feel is jeopardizing our network. Red Branch will be the sole and final arbiter as to what constitutes a violation of this policy.
MySQL: Each database has a 3 user limit, 12,000 queries/user per hour and 1,200 connections per hour.
No "Spam": UCE/UBE or "Spam" originating from a Red Branch account, or associated with a Red Branch account, is not tolerated. This includes any e-mail that promotes web sites hosted on a Red Branch account but is sent from an e-mail address not associated with that Red Branch account. Client shall not use their Red Branch services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Red Branch reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. There will be a £100 clean up fee if an account was suspended for policy violation. There is a 2000 Email limit that can be sent out within a 24 hour period.
False Information: Client agrees not to post false or inaccurate information to news groups in violation of the news groups' rules and regulations. If any news groups or service providers contact Red Branch concerning unethical, false or unlawful activities by you, Red Branch reserves the right to terminate your service without notice.
Licensed Software Only: Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
Back-Up Files: Red Branch will make every reasonable effort to protect and backup data for Client on a regular basis, however Red Branch does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, client is solely responsible for independent backup of data stored on Providers server and network. There is a one time fee of £100 for our Administrator to retreive client's individual back-up files. (We like to encourage you to make your own backups — our plans allow you to do so from the hosting control panel.)
99.9% Uptime: Red Branch have a 99.9% average uptime across the entire network at large, which includes webservers, mailservers, and more - as a whole. If a single server is temporarily offline, the rest of the Red Branch servers remain unaffected and uninterrupted, thus contributing to our overall uptime.
Domain Name Registration: Red Branch uses Schlund for domain name registration. All listed registration and transfer fees are annual fees. (Note that domains do not need to be transferred to our registrar for the sites to be hosted with Red Branch.) We reserve the right to refuse services to anyone engaging in what is generally known as "domain hijacking."
Right to Refuse Service
At its sole discretion, Red Branch has the right to refuse any and all service or services to any applicant, customer, client whether it be an individual or legal entity.
Payment Obligations, Renewals, and Cancellations
Payment Obligations: Full payment is required in advance, before hosting service is established. You grant Red Branch the right to debit the credit card or bank account via our online billing services NoChex or PayPal, depending on the form or payment and currency you choose to pay in. You will be billed until the service is cancelled by you in writing (e-mail or FAX) or is cancelled by Red Branch according to terms of this Agreement. You warrant and represent that the information you supply in the Order Form (or other information that Red Branch may require) is accurate and truthful. All payment-due notices will be send by electronic mail. No bills or invoices will be sent by postal mail or FAX. If payment was not received by the renewal date, your account will be suspended within 10 days after payment due date. Any suspended account will be terminated within 15 days after payment due date if no payment is received within this time.
Renewals: Your account will be automatically renewed under the same time and fee structure unless you give written notice to Red Branch two (2) days before the renewal date that you do not wish to renew such account.
Cancellation: You may cancel at anytime. To cancel an account, send a short e-mail message with your name, username, and account password to: info@redbranchwebdesign.com or fax the same (see Contact Us page for FAX numbers). If you cancel before the first 30 days, please refer to the details under "Limited 30-day Money Back Guarantee." If you cancel after the first 30 days from the opening of your account, you will be obligated to pay all fees and charges accrued prior to the effectiveness of the cancellation; this includes the charges for the then current hosting period. All cancellations must be received in email or FAX as per the deadlines indicated by e-mail or FAX. Cancellations will be processed by our staff on a daily basis.
Limited 30-day Money Back Guarantee
If you are not completely satisfied with our services within the first 30 days from the opening of the account, you will be given a full refund on your hosting fee excluding possible setup fees and additional services. If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase. If your account has been cancelled by us due to a breach of the terms and conditions on your part, you will not be eligible for a refund. Domain name registration is non-refundable.
Disclaimer of Warranty
You agree to use the Services and any information obtained through or from Red Branch at your own risk. You acknowledge and agree that Red Branch exercises no control over, and accepts no responsibility for, the content of information passing through Red Branch's host computers, network hubs, points of presence or the internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. RED BRANCH MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES IT PROVIDES. RED BRANCH MAKES NO WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR-FREE OR THAT ANY RESULTS OBTAINED FROM THE USE OF SERVICES IS ACCURATE AND RELIABLE. RED BRANCH EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY RED BRANCH. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY RED BRANCH PERSON WILL CREATE ANY WARRANTY OR MAY YOU RELY ON SUCH INFORMATION OR ADVICE. The terms of this Section will survive any termination of this Agreement.
Red Branch is not responsible for any interruption in service or down time that may occur, whether due to external network disruptions or negligence of Red Branch. This includes loss of data resulting from delays, non-deliveries, wrong delivery, equipment failure and any and all other service interruptions caused by Red Branch.
Limitation of Liability
You agree that Red Branch will not be responsible for any losses that may incur where Services are accessed by third-parties through illegal or otherwise unauthorized means, including but not limited to situations where data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Red Branch at the time) which may exist in the Services or in Red Branch's equipment used to provide the Services.
Under no circumstances will Red Branch be liable for any consequential, indirect, incidental, special or punitive damages, or loss of profits, revenue, data or use by Customer, any of its customers, or of any other third party, whether in an action in contract or tort or strict liability or other legal theory. Red Branch will not be liable to Customer, any of its customers, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Red Branch's records, programs, equipment or services.
Notwithstanding anything to the contrary in this Agreement, Red Branch's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) will not exceed the actual sterling amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.
This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this Section will survive any termination of this Agreement.
Indemnification
Customer agrees to indemnify, defend and hold harmless Red Branch, its officers, directors, employees, shareholders and agents 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 legal fees) threatened, asserted, or filed by a third party arising out of or relating to (i) Customer's use of the Services, (ii) any breach by Customer of this Agreement, or (iii) any acts or omissions of Customer. The terms of this Section will survive any termination of this Agreement.
Force Majeure
Red Branch will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.
Disclosure of Customer Information and Legal Process
Although Red Branch maintains strict confidentiality on Customer's information, there are certain exceptions in which Red Branch may disclose information in its possession, including but not limited to information about the Customer's internet transmissions and website activity in order to comply with official state legal requests. Red Branch has no obligation to notify Customer about whom the information is sought or that Red Branch has provided the information. Customer acknowledges the above exceptions and agrees to them without reservation.
Governing Law; Jurisdiction; Arbitration
In the event of recourse to legal action, both parties agree to submit to personal jurisdiction in the state of Red Branch's incorporation (UK), and the agreement shall be governed by the law of the United Kingdom. An award rendered in connection with arbitration pursuant to this Section shall be final and binding upon the parties. The parties agree that the award of the arbitral tribunal will be the sole and exclusive remedy between them regarding any and all claims and counterclaims between them with respect to the subject matter of the arbitrated dispute. The terms of this Section will survive any termination of this Agreement.
Assignment
Customer will not have the right to assign this Agreement without the prior written consent of Red Branch.
Entire Agreement; Severability
This Agreement represents the entire agreement between the parties, and supersedes all previous representations, understandings or agreements. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement will remain in full force and effect.
Customer hereby represents that he, she or it, is either an individual entering this Agreement for his or her personal use and is over 18 years of age, or is a corporation other legal corporate entity, duly organised, validly existing and in good standing under the laws of the state of its organization and the person acting on behalf of Customer is duly authorised to accept, execute and deliver this Agreement on behalf of Customer.
If you do not agree to these Terms, then please don't submit an order!
Violations of these Acceptable Uses Policies and Terms of Service should be referred to:
info@redbranchwebdesign.com.
All complaints will be investigated promptly.
Serious violations of terms or conditions can be ground for immediate account deactivation without refund.
Acceptable Use Policy
Acceptable Use PolicyRed Branch's Acceptable Use Policy ("AUP") is provided to give our customers a clear understanding of what Red Branch expects of them while using the service. All users must comply with this AUP and our TOS (Terms of Service).
1.) We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Red Branch may cooperate with legal authorities the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of your Red Branch account WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understand of Red Branch's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Red Branch's AUP:
- Ensure reliable service to our customers
- Ensure security and privacy of our systems and network, as well as the networks and systems of others
- Comply with laws
- Preserve the value of the Internet as a source for free expression and exchange of information
- Preserve the privacy and security of individual users
You may not use your account Red Branch determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings. NO ADULT orientated material may be stored on your account.
If a Red Branch account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us by email, phone or fax using the contact information on our website www.redbranch.net.
VIOLATIONS OF Red Branch ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
- Illegal use: Red Branch's services may not be used for illegal purposes, or in support of illegal activities. Red Branch reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
- Harm to minors: Use of the Red Branch service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
- Threats: Use of the Red Branch service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
- Harassment: Use of the Red Branch service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
- Fraudulent activity: Use of Red Branch service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
- Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
- Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the Red Branch service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Red Branch account.
- E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Red Branch account.
- E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Red Branch service is in violation of this AUP.
- Usenet SPAMing: Red Branch has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
- Unauthorized access: Use of the Red Branch service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Red Branch's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Red Branch account is subject to immediate termination.
- Copyright or trademark infringement: Use of the Red Branch service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
- Collection of personal data: Use of the Red Branch service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
- Network disruptions and unfriendly activity: Use of the Red Branch service for any activity which affects the ability of other people or systems to use Red Branch Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. Red Branch will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
- Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
- Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
- Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
- Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Red Branch services could result in suspension service.
- Third Party Accountability: Red Branch subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.
- Your password provides access to your account. It is your responsibility to keep your password secure.
- Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
- Using Your Account as A storage device Your Web Hosting Account is For Web Hosting purposes Only
- Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
- You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
- You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
- You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
- Users who violate systems or network security may incur criminal or civil liability. Red Branch will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
REPORTING VIOLATIONS OF Red Branch. Red Branch requests that anyone who believes that there is a violation of this AUP direct the information to us by phoning 028 3025 7001 . If available, please provide the following information:
- The IP address used to commit the alleged violation
- The date and time of the alleged violation, including the time zone or offset from GMT
- Evidence of the alleged violation
- E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. Red Branch may take any one or more of the following actions in response to complaints:
- Issue written or verbal warnings
- Suspend the Member's account
- Terminate the Member's account
- Bill the Member for administrative costs discussed below.
- Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations
- Issue written or verbal warnings