Contact Us

Call Us: 1.888.282.1883

offering is u

 

Riptide Hosting Terms and Conditions of Use

This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web hosting, Dedicated Servers, Virtual Servers, Server Colocation and other Internet-related services provided by Riptide Hosting, Inc. (the "services"). As used in this Agreement, "Riptide Hosting" means Riptide Hosting, Inc. and "Client" or "you" means you. In accepting Riptide Hosting's quote for the services or by using the services, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Riptide Hosting Site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "Riptide Hosting Site" refers to the Site located at the URL http://www.riptidehosting.com, or any other successor Sites owned or maintained by Riptide Hosting. In addition to the following, the Acceptable Use Policy provide more detailed information regarding what is acceptable use of our products and services. You are provided administrator/root access to the server and are responsible for managing your server. Riptide Hosting does not manage your server or applications for you.

Appropriate Use of the Services

Riptide Hosting provides the services defined above exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such services.

Service Level Guarantee

We keep your servers up and running, so you can run your business not your server. Riptide Hosting guarantees the network and power to be available 99.99% of the time, and 100% of the time with our Enterprise Servers, which feature dual power feeds. Downtime qualifies the customer for 5% of the monthly fee credit for each 30 minutes of network/power downtime. This applies per device and not for all devices if a single device fails. Excludes scheduled maintenance windows.

Client Content

Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any Riptide Hosting server, or server co-located with Riptide Hosting, in connection with Client's use of the Services which:

  1. Violate any state, federal or foreign laws or regulations;
  2. Infringe on any intellectual property rights (e.g. copyright, trademark, patent or other proprietary rights) of Riptide Hosting or any third party;
  3. Are defamatory, slanderous or trade libelous;
  4. Are threatening or harassing;
  5. Are discriminatory based on gender, race, age or promotes hate
  6. Violate any Riptide Hosting policy posted on the Riptide Hosting site including but not limited to those listed in this Agreement.
  7. Contain viruses or other computer programming defects which result in damage or potential damage to Riptide Hosting or any third party.

Disk Space

Dedicated and Virtual Servers: The Disk Drive and/or Disk Space Quota for these accounts is hard quota based and clients have full access and rights to the disk space. Disk space quota includes the space required for the Operating System, Control Panel and other Services that come with the server set up which is selected by the client. Client has full control of all disk space for these accounts and may remove, delete and/or alter the installed files and configurations. However, removing, altering or deleting the files and base configurations installed by Riptide Hosting, places all software support for that account/server into a fee based category. Refer to our Support Policies located on the Riptide Hosting Site as may be updated from time to time for details regarding support.

Bandwidth

We do not, by default, limit the amount of bandwidth to the account/server quota. If a Client wishes to have their bandwidth capped, we will do so upon request, software permitting. Dedicated Server, virtual server and Colocation accounts are limited only to port speed. Default port setting is 2 Mbps or 5 Mbps. Additional fees, specified in the account plan will be charged for exceeding the network bandwidth allowance of your selected plan/server. The Client will be responsible for any excess bandwidth used due to a security vulnerability, virus, or any other type of exploit.

Licensed Software Only

Client agrees to use/install only properly licensed software and applications in connection with Client’s use of the services including on any server or equipment hosted with Riptide.

Riptide Hosting licenses certain Microsoft software under the Microsoft Service Provider Licensing Agreement (SPLA) program. End Users (you as Client of Riptide Hosting) utilizing Microsoft software obtained through the SPLA agree to the following terms listed here Microsoft End User License Terms.

If you are using Microsoft software through Riptide Hosting / SPLA under academic (EDU) pricing, you agree to and confirm that all users are qualified educational users as detailed here Qualified User Definition Terms.

If you plan to use/install any Client-owned Microsoft licenses on servers or equipment hosted with Riptide Hosting, please contact us to discuss options. Microsoft licensing terms limit the use/transfer of certain client owned licenses to a public cloud / VM shared infrastructure platform. Riptide Hosting’s Dedicated Server Hosting offering is the only option for Clients that want to utilize their own Microsoft licenses on a hosted server. Licenses acquired through Riptide Hosting via the SPLA can be utilized on any of our hosting offerings and platforms.

Per Microsoft licensing terms, Microsoft Office and related products do not have License Mobility rights to install client owned licenses on a cloud/VM platform (shared infrastructure platform).

For Clients using the Remote Desktop Services (RDS) feature of Windows Server, a RDS user license (called a RDS SAL) is required for each unique end user authorized to access your instance of the server software directly or indirectly.

Customers using their own licenses through Microsoft Volume Licensing programs must ensure compliance with the applicable Microsoft Product User Rights (PUR). The PUR document provides the use rights for licensed products currently offered under the Microsoft Volume Licensing programs.

Client agrees to indemnify Riptide Hosting for any damages resulting from the use of non-compliant software or violations of licensing terms. Client is responsible for complying with all their software vendors’ licensing terms and policies. Riptide Hosting recommends you review your licensing agreements for restrictions and limitations, including for example, Retail or OEM licenses are typically not transferrable to a hosted server; Microsoft Office doesn’t have License Mobility to install licenses on a shared hardware platform, etc.

If you wish to use your own licensing for MS Office, SQL Server, Office 365, RDS Cals, Windows Server or MSDN, you must use our dedicated server offering. You agree not to install your Microsoft licensing on a virtual server in our virtual cloud environment.

You agree to use and install only properly licensed software on the server and agree to indemnify Riptide Hosting, Inc. and reimburse Riptide for any fees or penalties incurred for non-compliance, including those incurred from a third party software audit.

Back-up Files and Processing

Client is responsible for making back-up files in connection with its use of the services. Riptide Hosting does not guarantee the accuracy and quality of backup processes provided by 3rd party software.

For Clients using 'paid for' Backup processing services, Riptide Hosting provides the service on a best efforts basis and does not guarantee that the backups performed can be properly restored. It is always advised to verify your backup data is viable which requires you inspect it.

Overall Security: Anti-Virus / Malware / Firewall Settings

Client is solely responsible for installing, maintaining, updating and monitoring servers for proper security settings including, but not limited to, protection from viruses and malware, properly configured/enabled firewall, and use of strong passwords.

Termination

Riptide Hosting reserves the right to refuse service to anyone. Riptide Hosting, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing behaviors set out here within or on the Acceptable Use Policy. To report any unacceptable behavior by a third party using the services, please contact abuse@riptidehosting.com. Riptide Hosting in its sole discretion may also terminate this agreement for any reason upon 15 days notice. Riptide Hosting shall be able to terminate the Agreement where more specifically set out in the other provisions contained in this Agreement.

 Payment Obligations

Service Fees. By the Tenth (5th) of each month, Riptide Hosting shall either (i) debit Client's credit card (where such information is provided by Client) or (ii) deliver by e-mail an invoice to Client in accordance with the applicable Services fees for services rendered for the current month. Where an invoice is delivered to Client, Client shall remit payment to Riptide Hosting by no later than 5 days after the specified payment due date. Riptide Hosting shall be entitled to terminate this Agreement for Client's failure to make timely payments to Riptide Hosting. In the event that Client defaults in the performance of making payments due under this Agreement, and such default is not cured within five (5) days after notice is given to the Client, then Riptide Hosting, after providing notice thereof to the Client, may terminate this Agreement. In the event of such a termination, Client shall remain responsible for certain fees and charges as more particularly set out in this Agreement. Certain services carry a set-up fee charged by Riptide Hosting to Client that must be paid by Client in order to have use of the Services. If Client terminates this Agreement in accordance with the applicable section below, Client shall be responsible for any outstanding fees owed to Riptide Hosting and agrees to pay any and all fees incurred by Client. Because the Services are provided on a monthly basis, unless a contract is in place, Client will be responsible for Service fees incurred each month regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate on the 15th of a particular month, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded. If Client has retained the Services for one (1) year and has pre-paid Riptide Hosting for such Services, refunds will be issued for any unused full month portions less one month of the Services upon Clients request. Therefore, if Client's account is canceled at any point during the one (1) year term, Client will be entitled to a refund for all but one of the full months remaining after notice given by the 25th of the preceding month.

Late Payments. Any payment not received within twenty (20) days of the invoice date, will be assessed a late fee of one and one-half percent (1 1/2%) per month or the highest rate allowed by applicable law, whichever is lower, with minimum of a $5.00 fee. Client also shall pay to Riptide Hosting all expenses incurred by Riptide Hosting in exercising any of its rights under this Agreement or applicable law with respect to a Payment Default or other breach by Client, including, but not limited to, reasonable attorneys' fees and the fees of any collection agency retained by Riptide Hosting. Late Fees will continue to accrue as long as there is an outstanding balance.

Returned Item Fee. Accounts with returned checks and/or e-checks will be assessed a $25.00 returned item fee.

Client Liability and Indemnification

The parties agree that in no event shall Riptide Hosting be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Riptide Hosting from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.

Term, Termination & Reinstatement

Subject to the terms and conditions hereof, this Agreement shall be effective on the date you request/register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section. Either party will have the right to terminate this Agreement upon notice to the other party. If Client is terminating this Agreement, Client must contact Riptide Hosting, Incorporated by the last day of the respective month of cancellation. Client should contact Riptide Hosting via email or written notice and request an acknowledegement of contact. If Riptide Hosting disconnects a Dedicated Server, Virtual Server or Colocation server for non-payment, the Client shall pay a fee of Fifty Dollars ($50) prior to any re-instatement, if available and subject to approval from Riptide Hosting, of the server. Once payment has been received, Client's account will be activated within Forty-eight (48) business hours. If a Client terminates their account, Riptide Hosting will disable the server/account the day the client specifies the account is canceled. Riptide Hosting will not maintain an archival copy of the Clients Web site or files. It is the responsibility of the Client to remove any data off the server prior to the date provided in their cancellation notice.

Taxes

Client will pay and indemnify and hold Riptide Hosting harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof. Client will be responsible for and will pay in full, any taxes and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery of Services.

Disclaimer of Warranty

THE SERVICES, THE RIPTIDE HOSTING SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE RIPTIDE HOSTING SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. RIPTIDE HOSTING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RIPTIDE HOSTING SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.

Limitation of Liability

IN NO EVENT SHALL RIPTIDE HOSTING BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE RIPTIDE HOSTING SITE OR ANY RIPTIDE HOSTING PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL RIPTIDE HOSTING CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 US).

Miscellaneous

Notices. Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by postal mail, return receipt requested; (4) on the delivery date if transmitted by (i) confirmed facsimile, or (ii) email if client receives its invoices from Riptide Hosting via email.

If to Riptide Hosting: Riptide Hosting, Inc., 6833 S. Dayton St. #127 Greenwood Village, CO 80112

If to Client: Name and address and relevant contact details as provided for in account setup, or as subsequently updated by providing written notice to Riptide Hosting.

If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Riptide Hosting. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to its conflict of law rules. This Agreement and Riptide Hosting's policies are subject to change by Riptide Hosting without notice. Continued usage of the Services after a change to this Agreement by Riptide Hosting or after a new policy is implemented and posted on the Riptide Hosting Site constitutes your acceptance of such change or policy. We encourage you to regularly check the Riptide Hosting Site for any changes or additions.

Riptide will not be responsible for any consequences of your use of our servers including any damage to your business or any lawsuits or regulatory problems. The decision to use or not use our services is yours alone, and must be made in the context of your business and the laws and regulations that relate to it which you know far better than we do.

Please email suggestions to ContactUs@riptidehosting.com.

Home | FAQs | Pricing | Support | Infrastructure | Company | Contact Us | Terms of Use
Remote Desktop Hosting | Dedicated Server Hosting | Virtual Server Hosting | Server Colocation

Follow Us: Follow Riptide Hosting Inc. on Google Plus Follow Riptide Hosting Inc. on YouTube Follow Riptide Hosting Inc. on LinkedIn

© 2002 – 2017 Riptide Hosting, Inc.