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.
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.
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.
"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.
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