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 Server(s), Virtual Server(s), Server Colocation, Microsoft Licensing, 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 https://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(s) and are responsible for managing your server(s). 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. Excludes Client provided equipment (colocation) that fails.

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 or the Acceptable Use Policy.
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. 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 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 Hosting.

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 / virtual server (VM) shared infrastructure platform. Riptide Hosting’s Dedicated Server Hosting offering, or colocation of your own equipment, are the only options for Clients that want to utilize their own Microsoft licenses on a hosted server with Riptide Hosting. 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). You cannot install you own licenses of Office/Office365/Microsoft365 on our cloud virtual servers.

For Clients using the Windows 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 Terms. The Product Terms 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 / Microsoft 365, RDS Cals, Windows Server or MSDN / Visual Studio Subscription, you must use our dedicated server offering or colocate your own server(s). 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 who pay for Riptide Hosting's Veeam backup service for virtual servers, Riptide Hosting uses Veeam software to backup the virtual server to a backup repository located in the same datacenter as the running virtual server. We encourage you to also have an off-site backup of your data which is not something Riptide Hosting provides. There are many third party online software backup offerings you can reserach on your own to perform an off-site backup.

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. We encourage you to also have your own off-site backup of your data that you control.

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, use of strong passwords, and additional security measures.

You are responsible for managing your server(s) and protecting your data

You are responsible for managing your server. Riptide Hosting does not manage your server, operating system, or applications for you. Riptide Hosting provides the underlying hardware infrastructure (server hardware (but not for colocation Clients), power, IP addresses, and bandwidth) but does not manage the operating system or applications installed. Riptide Hosting is not providing managed server services to you. You are responsible for implementing security measures that make sense for your environment and data stored on the server, such as, but not limited to, anti-virus software, limiting website usage, enabling and configuring a firewall, restricting access by IP, implementing VPN software, implementing multi-factor authentication, etc. We recommend you monitor your server to ensure that windows updates have installed each month, AV scans have completed, strong/complex passwords be used and required for all users and accounts. You retain full responsibility for implementing and maintaining reasonable security procedures and practices appropriate to your business and data collected. You can remove or disable Riptide Hosting's account on the server(s) if preferred and/or for security protocol reasons.

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 [email protected]. Riptide Hosting in its sole discretion may also terminate this agreement for any reason upon 15 days notice. Riptide Hosting shall also be able to terminate the Agreement where more specifically set out in the other provisions contained in this Agreement.

 Payment Obligations

Service Fees. Invoices are emailed to Clients on the first of each month for services rendered for the current month. Payment is due by the 10th of each month by credit card, bank ACH, or check received. 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, 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, 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.

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 (payment is required for the full month of service in the month of cancellation). 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.

VMware End User Reporting

Update April 28, 2024 - Applicable only to customers using Riptide Hosting, Inc.'s hosted virtual servers running on VMware technology. Broadcom acquired VMware in November 2023. Beginning May 1, 2024, Broadcom is requiring "end user reporting" where we (Riptide Hosting, Inc.) must provide our end user customer information to Broadcom to continue using VMware licenses. Beginning May 1, 2024, we are providing the following information to Broadcom/VMware and comdivision north america inc (our upstream VMware license provider) on a monthly basis: customer name, customer address, and virtual server specifications such as amount of ram and CPU.

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).

Monthly Maintenance Window

Riptide maintains a monthly maintenance windows on the first Friday of every month at 12:00 (midnight) EST, which is 10pm MST, for updates, upgrades, enhancements and routine maintenance. Riptide does not anticipate doing work in this Maintenance Window every month but it is scheduled monthly for any maintenance needs.

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) 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.

Network, Application and System Security: You may not use Riptide Hosting's services or network to violate, monitor or interfere with, or to attempt to violate, monitor or interfere with, the security or reliability of any network, service, data, or other system without proper authorization. Examples of prohibited activities include any attempt to:

• Access any network, service, data, or other system that you are not authorized to access;
• Probe, scan, or test the vulnerability of any network, service, or system without proper authorization;
• Breach any security or authentication measures;
• Monitor data or traffic on any network or system without proper authorization or in a manner that disrupts or impairs the network or system;
• Interfere with service to any user, host, or network, including, without limitation, by means of overloading, mailbombing, flooding, crushing, or any denial of service attacks;
• Forge any TCP/IP packet header or any part of the header information in an e-mail message or a newsgroup posting;
• Use the account name of another person without proper authorization.

In the event of an actual or suspected security violation or incident, Riptide Hosting may take any actions that Riptide Hosting deems reasonably necessary to prevent harm to Riptide Hosting and/or other clients, including the network, systems and data of Riptide Hosting and/or other clients. Such actions may include, but are not limited to, the following:

• Removing, disabling access to, or suspending services;
• Disconnecting a host, server or virtual machine from the network;
• Reporting to appropriate law enforcement officials, regulators, or other appropriate third parties any activity that Riptide Hosting believes may violate any applicable law or regulation; and
• Cooperating with law enforcement agencies and regulators to assist with any investigation and/or prosecution.

Attacks: If you are using Riptide Hosting’s network services and a) you are the subject of a network attack, such as a DDoS attack, or b) your server and/or application is compromised, Riptide Hosting has the right, immediately and without prior notice, to terminate routing, block ports and IP address space, and/or suspend services in order to protect the integrity of the network and preserve the services provided to other users.

Please email suggestions to "ContactUs @ riptidehosting.com"