Terms of Service
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"RedArray" is a d.b.a. (doing business as) title of Gaiacom, L.C., a New Mexico Limited Liability Company with its principal place of business at 468 N. Camden Dr., Suite 200A, Los Angeles, CA 90210, USA.
RedArray's primary goal is to provide exceptional and timely service to our clients. In pursuit of this goal, RedArray agrees to render services subject to the following Terms of Service document, hereafter referred to as "ToS". The usage of RedArray's service(s) by a subscriber constitutes an unconditional acceptance of, and agreement to, RedArray's ToS.
RedArray reserves the right to change or modify the ToS at any time, without notice, by updating the document on this page. These modifications will become effective immediately. RedArray will use its best efforts to notify subscribers of updates to the ToS.
RedArray allows a period of three (3) days from the date of service deployment for new customers to test and evaluate the newly deployed hardware. If the infrastructure does not meet the customer's required specifications, or it is lacking in performance for another reason, RedArray will offer a pro-rated refund based on the following terms:
Please note that RedArray will perform all services necessary to ensure complete satisfaction of its customers.
Services may be renewed at any time, at the discretion of the customer, by accessing the Customer Portal's "My Invoices" section. Invoices for services will be generated and delivered to customers via email approximately 15 days before renewal payments are due, and may be paid at any time convenient for the customer. Payment of automatically-generated invoices for future services will automatically extend the related services.
RedArray provides a full guarantee that customer services will be available at least 99.99% of the time in any 1-month period. For full summary and explanation of terms related to this guarantee, please view the Service Level Agreement, which shall be included within this Terms of Service as an Exhibit.
This policy is provided to clearly define activities and uses of hosting services that are prohibited by RedArray. All users of RedArray's services, including those who access some services but do not have accounts, as well as those who pay RedArray for hosting services, must comply with this AUP and the foregoing Terms of Service.
RedArray explicitly prohibits the following uses of its network and services:
RedArray does not tolerate the sending of Unsolicited Commercial Email (UCE) or SPAM via our network and services. Customers of RedArray may not use, or permit others to use, our network to partake in UCE distribution. Customers of RedArray may not host or permit hosting of sites or information that is advertised by UCE from other networks.
Upon notification of an alleged violation of our SPAM policy, RedArray will initiate an immediate investigation. During the investigation, RedArray may restrict customer access to the network to prevent further violations. Subscriber will thereafter be advised of the situation. If a subscriber is found to be in violation of this ToS, RedArray may, at its sole discretion, unilaterally restrict, suspend or terminate the violating customer's account. Further, RedArray reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. RedArray will notify law enforcement officials if the violation is believed to be a criminal offense.
Establishment of service is dependent upon RedArray's receipt of payment for services. After the initial subscription payment, subsequent payments will be due on the anniversary date of service subscription, according to the billing cycle selected by the customer. Although services are provided on a subscription model, all payments are made without contract for future payment terms, and subscribers are not obligated to renew services unless they wish to continue the usage of their hosting services.
All services provided by RedArray must be paid for in advance of service delivery.
All services provided by RedArray are provided with distinct renewal and payment terms. Should customers fail to remit payments for additional periods of service after the initial billing period, the particular services with overdue payments will be suspended. RedArray will permanently terminate customer services and all hosted data any time after 3 days of non-payment (usually after 10 days of non-payment). Customers are encouraged to contact RedArray Billing staff to arrange alternate payment terms, if necessary to avoid account suspension or termination.
A customer may cancel his or her account at any time by contacting RedArray Customer Service via the Customer Portal, or directly at email@example.com. Requests for account cancellation are reviewed by RedArray Custom Service representatives to ensure integrity of our service; all account cancellation requests will be honored. Upon account cancellation, all hosted data and services will be immediately terminated, and RedArray will cease to provide service or support for the customer. Upon account cancellation, customers will no longer be eligible for any benefits or guarantees provided by RedArray.
The subscriber is responsible for maintaining a complete and current copy of their Dedicated Server and any files or software placed there by the customer. RedArray will not be responsible for providing backups of any specific file, or Dedicated Server system, due to loss by customer negligence or another event.
RedArray is NOT RESPONSIBLE for any files, software, or other data lost by the customer.
RedArray makes regular internal backups of internal system configurations, host server configurations, and databases. These backups are not intended to keep up-to-date backups of customer data.
Although RedArray backups may include customer data for the purpose of recovery from disasters and critical system failures, these backups are not to be relied on by the subscriber, nor does RedArray guarantee that any such backup can be provided directly to a customer.
Subscriber acknowledges that the hosting services provided are of such a nature that service may be interrupted for many reasons other than the negligence of RedArray, and that damages resulting from any interruption of service are impossible to objectively quantify. Subscriber agrees that RedArray shall not be liable for any damages arising from such causes beyond the direct and exclusive control of RedArray. Subscriber agrees that RedArray's total liability for any losses sustained by the customer may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall RedArray be liable for any special or consequential damages, loss, or injury.
RedArray assigns each subscriber 1 or more unique IP addresses for each Dedicated Server unit. The right to use and broadcast from IP addresses assigned by RedArray shall belong only to RedArray, and the subscriber shall have no right to use IP addresses except as permitted by RedArray. RedArray shall maintain and control ownership of all IP numbers and addresses that may be assigned to subscribers by RedArray. RedArray reserves the right to change or remove any such IP addresses at its sole and absolute discretion, at any time.
Subscriber agrees that bandwidth, measured in total megabytes sent plus total megabytes received, shall not exceed the maximum number of megabytes per month for the service plan subscribed to by the customer ("Agreed Usage"). RedArray will monitor subscriber's bandwidth usage, and customers may view a live-updated record of their usage within the Customer Portal. In the event of a bandwidth overage, the customer's system may be automatically suspended or restricted. Customers will be warned of approaching or exceeded resource limits via email by RedArray's automated notification system.
Subscribers or any network users are prohibited from violating, or attempting to violate, the security of RedArray's network, servers, and other systems included therein. Violations of system or network security may result in civil or criminal liability. RedArray will investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting subscribers who are involved in such violations. These violations include, but are not limited to:
RedArray reserves the right to block connections to and from any services involved in sending or receiving DDoS (Distributed Denial of Service) attacks and any other form of packet flooding, network interference, or malicious network activity. Services will be suspended for an amount of time necessary to mitigate attacks and ensure that network stability has been recovered. During emergencies, customers may not be warned in advance of service suspensions due to abuse complaints. RedArray reserves the right to immediately suspend or terminate any service that is deemed to be directly involved in producing malicious network activity, or any service that is reasonably deemed to be a risk to the stability of RedArray's network.
Subscribers of RedArray's services are prohibited from storing or posting content or links to content that infringes upon, or otherwise violates the intellectual property rights of third parties. This includes trademark, patent, and copyright infringements.
All content provided within or via this website is protected by US and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this website may be copied, published, reverse engineered, decompiled, exchanged, traded, or broadcast in any way without the written permission of RedArray.
RedArray reserves the right to suspend network access to any subscriber if, in the judgment of RedArray, the subscriber's account is the source or target of a violation of any of the terms of the ToS, or for any other reason which RedArray deems necessary to guarantee the stability of customer services.
If inappropriate or illegal activity is detected or brought to our attention by a third party, all accounts of the subscriber in question will be deactivated until an investigation has been completed. Multiple violations of the ToS will result in permanent suspension of the related account, without any option for refund. With complaints of infringing or illegal content, a single complaint may be deemed sufficient for permanent suspension of the alleged infringing product. If multiple complaints of infringing or illegal content are received involving two or more products, all products under that customer's ownership and/or control are subject to permanent suspension. Prior notification to the subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The subscriber may not be credited for the time the subscriber's machines were suspended if the subscriber is found to be at fault.
This ToS specifically prohibits the use of RedArray services for illegal or otherwise malicious activities. The subscriber agrees that RedArray may disclose any and all subscriber information, including assigned IP numbers, account history, billing records, etc., to any court or law enforcement agency that requests such information, upon receipt of a subpoena, warrant or other court order, without consent or notification to the subscriber.
Each party (the "Indemnifying Party") hereby indemnifies the other party (the "Indemnified Party"), its officers, directors, employees and agents, and agrees to defend and hold them harmless from and against any and all liability, damage, loss or expense (including reasonable attorneys fees) arising from any claim, demand, action or proceeding based upon the alleged breach or untruthfulness of any of the Indemnifying Party's representations or warranties, or incurred in the settlement or avoidance of any such claim, provided, however, that the Indemnified Party shall give prompt notice to the Indemnifying Party of the assertion of any such claims and provided further that Indemnifying Party shall have the right to select counsel and control the defense thereof, subject to right of the Indemnified Party to participate therein.
If any provision of this ToS shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this ToS is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
This ToS is subject to the governing laws of the State of New Mexico.
Last updated December 14, 2013
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