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