General Terms And Conditions
Cookie Statement [v2 02/2019]

Cookies and crawling

This Cookie Policy explains how RiddimHost ("Company", "we", "us", and "our") uses cookies and similar technologies to recognize you when you visit our websites at https://riddimhost.com, ("Websites"). It explains what these technologies are and why we use them, as well as your rights to control our use of them.
In some cases we may use cookies to collect personal information, or that becomes personal information if we combine it with other information.


What are cookies?

Cookies are small data files that are placed on your computer or mobile device when you visit a website. Cookies are widely used by website owners in order to make their websites work, or to work more efficiently, as well as to provide reporting information.

Cookies set by the website owner (in this case, RiddimHost) are called "first party cookies". Cookies set by parties other than the website owner are called "third party cookies". Third party cookies enable third party features or functionality to be provided on or through the website (e.g. like advertising, interactive content and analytics). The parties that set these third party cookies can recognize your computer both when it visits the website in question and also when it visits certain other websites.


Why do we use cookies?

We use first and third party cookies for several reasons. Some cookies are required for technical reasons in order for our Websites to operate, and we refer to these as "essential" or "strictly necessary" cookies. Other cookies also enable us to track and target the interests of our users to enhance the experience on our Online Properties. Third parties serve cookies through our Websites for advertising, analytics and other purposes. This is described in more detail below.

How can I control cookies?

You have the right to decide whether to accept or reject cookies. You can exercise your cookie rights by setting your preferences in the Cookie Consent Manager. The Cookie Consent Manager allows you to select which categories of cookies you accept or reject. Essential cookies cannot be rejected as they are strictly necessary to provide you with services.

The Cookie Consent Manager can be found in the notification banner and on our website. If you choose to reject cookies, you may still use our website though your access to some functionality and areas of our website may be restricted. You may also set or amend your web browser controls to accept or refuse cookies. As the means by which you can refuse cookies through your web browser controls vary from browser-to-browser, you should visit your browser's help menu for more information.

In addition, most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit http://www.aboutads.info/choices/ or http://www.youronlinechoices.com.

Privacy Policy [v2 02/2019]

Registration and use of personal data

Your privacy is very important to us, below explains the information we collect from you, what we do with that information and our information security policy.


Your information

When you sign up for any of our services we will ask you to provide contact information for your convenience as well as legal reasons. This will include name, home address, e-mail addresses and payment details (credit or debit card and PayPal). If you need support our staff may need to know the information to solve the problem such as operating system, browser software and editing software. When you visit this website we do record certain information using Google Analytics such as your location, browser version, IP address, screen resolution, operating system, and flash support. This is so we can continue to provide the most convenient web site for all our visitors. Our website is protected by a Secure Sockets Layer (SSL) certificate to ensure that your information is secure and prevent eavesdropping on our website, just look for the padlock.


How your information is used

We will use your personal identifiable information in the following ways.
– For payment purposes and to provide convenient and targeted support.
– To contact you and announce special offers, general announcements, and news. Please note you can opt out of receiving these emails at any time by following the instructions at the bottom of the e-mail.
– To improve our service and the marketing of our service. This could include using your demographic location to improve targeting of our website and customize your visit.

We will NEVER provide your personally identifiable information to any persons other than a law enforcement or regulatory agency at their request, third parties who provide services on our behalf such as payment processing, only if they agree not to misuse this information.

We do not under any circumstances apart from the above giveaway or sell your information to any third parties.

Your personal information is safe with us, your information is safely encrypted using SSL. Our service is not available to anyone under the age of 13, never will we intentionally maintain information about anyone under the age of 13.


Cookies

A cookie is a small text file that is stored on a users computer for record-keeping purposes. We use cookies on this site. We do not link the information we store in cookies to any personally identifiable information you submit while on our site. We use both session ID cookies and persistent cookies.
We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time much like the cookie used for our affiliate program.
You can remove persistent cookies by following directions provided in your Internet browsers ‘help’ file. We set a persistent cookie to store your passwords, so you do not have to enter it more than once. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on our site. If you reject cookies, you may still use our site, but you will be asked to enter your username and password again every time you closed your browser or your session has timed out.


Log files

As is true of most Web sites, we gather certain information automatically and store it in log files. This information includes Internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users movements around the site and to gather demographic information about our user base as a whole. We do not link this automatically-collected data to personally identifiable information. IP addresses are tied to personally identifiable information to prevent and block abusers to keep using our services such as members who violates our terms of service. We use a third-party tracking service that uses cookies and log files to track non-personally identifiable information about visitors to our site in the aggregate of usage and volume statistics to determine how our users navigate through our website and to know how many users are using our services demographically. We use the information you provide about yourself or others to complete the transaction for which it is intended. This may include administering a service such as registration, email, forum, etc., or contacting you if you have indicated your permission to do so by agreeing to accept further notification and service announcement from us on your member profile page. You can choose to opt-out from receiving any further notification from your member profile page. We do not share this information with outside parties.


Surveys

You may be requested to participate in our periodic internal surveys that are conducted by RiddimHost to determine your personal interests or satisfaction with our products and services. These surveys are strictly voluntary. The data collected through these surveys will only be used to improve our products and services and will never be sold to any third parties.


Communication from the site

When we receive an email, we use return email addresses to reply with the information requested. Such addresses are not used for any other purpose and are not shared with outside parties. When supplying contact information to RiddimHost you can indicate your preference if you would like to be contacted to receive information and updates about our services by logging in to your RiddimHost account, going to your member profile page and choose not to receive any further notification emails from us or other information pertaining to RiddimHost. Information you submit to us will not be used for this purpose unless you indicate this as your preference. When supplying contact information to RiddimHost you can indicate your preference on your members’ profile page to participate in the RiddimHost newsletter. You will receive a confirmation email from us when placing an order on our site and paying through PayPal.


Newsletter

We provide you the opportunity to ‘opt-in’ and ‘opt-out’ of our newsletter at any time. Our newsletter is sent periodically so it will certainly contain lots of useful information and any offers we may have. If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them at any time.


Information sharing and disclosure

We collect information from our website visitors using Google Analytics and Facebook Pixel. We use this information to better design our Web site and services. This information is never shared with any third party. We do not link aggregate user data with personally identifiable information.


Personally identifiable information

RiddimHost does not share, sell, rent, or trade personally identifiable information with third parties. We never use or share the personally identifiable information provided to us online in ways unrelated to the ones described within this privacy policy without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.


How you can access/correct your information

You can access all your personally identifiable information that we collect by logging into your password-protected RiddimHost account and selecting to update your ‘My Details’ We use this procedure to better safeguard your information. You can also correct factual errors in your personally identifiable information by sending us a request that credibly shows an error. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.


Specific terms and conditions

RiddimHost considers email transmitted via our service to be the private correspondence between the sender and recipient. We will not monitor, edit or disclose the contents of a user`s private communications, except as required by law, to comply with legal process, if necessary to enforce the Service Agreement, to respond to claims that such contents violate the rights of third-parties, or to protect the rights or property of RiddimHost. By using the service you agree that technical processing of email communications is and may be required to send and receive messages, to conform to the technical requirements of connecting networks, to conform to the limitations of the Service, or to conform to other, similar technical requirements. By using the service you acknowledge and agree that RiddimHost does not endorse the content of any user communications and are not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable content or content that infringes or may infringe the intellectual property or other rights of another.


Legal disclaimer

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site.


Security

The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however, we have taken every step possible to make your information safe. This website is protected by Secure Sockets Layer (SSL) to protect your information. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.


Links to other sites

This Web site contains links to other sites that are not owned or controlled by RiddimHost. Please be aware that we, RiddimHost are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies only to information collected by this Web site


Business transfers

If RiddimHost, or substantially all of its assets, were acquired, or in the unlikely event that RiddimHost goes out of business or enters bankruptcy, user information would be one of the assets that are transferred or acquired by a third party. You acknowledge that such transfers may occur and that any acquirer of RiddimHost may continue to use your personal information as set forth in this policy.


Changes to the privacy statement

If we decide to change our privacy policy, we will post those changes to this privacy statement, the home page, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page. For more information please do not hesitate to send your questions via our contact form.


Acceptable Use Policy [v2 02/2019]

This AUP governs the use of RiddimHost’s web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and RiddimHost regarding the interpretation of this AUP, RiddimHost’s interpretation, in its reasonable commercial judgment, shall govern.

The following is the entire Acceptable User Policy (‘AUP’) agreement between RiddimHost and the personal or corporate account holder. RiddimHost provides World Wide Web Hosting, web design and script installation. RiddimHost has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services. RiddimHost’s general policy is to act as a provider of Internet presence. RiddimHost reserves the rights to suspend or cancel a customer’s access to any or all services provided by RiddimHost when we decide that the account has been inappropriately used.


What is appropriate usage?

RiddimHost is designed to serve the web hosting needs of small, independently owned and operated businesses in a single country. It is not appropriate to use our services to support large enterprises or internationally based businesses with a sustained demand that places an undue burden on our systems or negatively impacts use by small, independently owned and operated businesses.

RiddimHost is a shared web hosting service, which means that a number of customers’ web sites and other email or storage services are hosted from the same server. RiddimHost uses abuse controls to help ensure that use of our services does not adversely affect the performance of our system or other customers’ sites. It is not appropriate to use an account primarily as an online storage space or for archiving electronic files.


Disk space

If you use your services consistently with the Terms of Service and these paragraphs, your site can grow as large as necessary to meet your small business needs, but to ensure a great experience for all, we will place some constraints on how fast you can grow. The vast majority of our customers’ sites grow at rates well within our rules, but our abuse controls may cause a brief delay while we evaluate if expansion is appropriate for your particular plan.

RiddimHost customers may not initiate the following (below) if any customer does, RiddimHost may terminate the account with no refund. Depending on the situation there will/won’t be warnings sent.
[a] Use 25% or more of system CPU resources for longer than 90 seconds or 1% of the servers CPU resources for longer than 5 minutes. There are numerous activities that could cause such problems; these include CGI scripts, FTP, PHP, HTTP, etc.
[b] Use of any kind of distributed computing software, including but not limited to SETI@home, Node Zero, and Folding@home.
[c] Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
[d] Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons.
[e] Run any software that interfaces with an IRC (Internet Relay Chat) network.
[f] Run any file sharing, bit torrent or other P2P network services, client or server software.
[g] Run any gaming servers such as counter-strike, half-life, Battlefield 1492, etc.
[h] Run any bit torrent application, tracker, or client. You may link to legal torrents off-site but may not host or store them on our shared servers.
[i] Participate in any file-sharing/peer-to-peer activities.
[j] Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.


Bandwidth

We don’t limit the amount of bandwidth your site can use as long as it complies with our Terms of Service. Should your website bandwidth usage present a risk to the stability, performance or uptime of our servers, we will notify you via email and we may restrict the resources your website is using. It’s very rare that a website violates our Terms of Service and is typically only seen in sites that use hosting for file sharing or storage. Bandwidth is also reset every month


Inodes

The use of more than two hundred and fifty thousand (250,000) inodes on any shared account may result in a warning, and if no action is taken to reduce the excessive use of inodes, your account may be suspended. If an account exceeds one hundred thousand (100,000) inodes it will be automatically removed from our backup system to avoid over-usage, however, databases will still be backed up as a courtesy in our sole discretion. Every file (i.e. a webpage, image file, email, etc.) on your account uses up one (1) inode. User accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes is typically due to users leaving their catch-all address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past an acceptable amount of inodes.

Unlimited

Some of our accounts come with unlimited email accounts, sub-domains, FTP accounts and in some cases domains. This is subject to how much disk space your account has. So you can create as many emails, sub-domains, etc as you want as long as it’s within your disk space limit.

Offensive content

You may not publish or transmit via RiddimHost’s service any content that RiddimHost reasonably believes:
[a] constitutes child pornography;
[b] constitutes pornography;
[c] is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
[d] is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
[e] is defamatory or violates a person’s privacy;
[f] creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement;
[g] improperly exposes trade secrets or other confidential or proprietary information of another person;
[h] is intended to assist others in defeating technical copyright protections;
[i] clearly infringes on another person’s trade or service mark, patent, or other property rights;
[j] promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
[k] is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to RiddimHost;
[l] is otherwise malicious, fraudulent, or may result in retaliation against RiddimHost by offended viewers;

RiddimHost does not accept material such as:
[a] Proxy, Warez, Escrow, High Yield Investment Programs (HYIP), illegal Gambling and Lottery sites.
[b] Content ‘published or transmitted’ via RiddimHost’s service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by RiddimHost.
RiddimHost can terminate service for any of the above reasons and it’s at RiddimHost’s sole discretion to issue a refund

Defamation policy

Pursuant to Section 230(c) of the Communications Decency Act, RiddimHost’s policy is not to remove allegedly defamatory material from websites hosted on our servers unless the material has been found to be defamatory by a court, as evidenced by a court order. As a web host, RiddimHost is not a publisher of User content and we are not in a position to investigate the veracity of individual defamation claims. We rely on the legal system and the courts to determine whether or not material is indeed defamatory. In any case, in which a court order indicates that material is defamatory, libelous, or slanderous in nature, we will disable access to the material. Similarly, in any case, in which a U.S. court has placed an injunction against specified content or material being made available, we will comply and remove or disable access to the material in question.

Security

You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.

Bulk commercial email

Bulk commercial email, mailing lists, and email reflectors are allowed on RiddimHost’s servers, we do however allow a maximum of 100 emails per hour per account. For any emails sent from your RiddimHost account you must adhere to the following rules:
[a] Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
[b] Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
[c] You may not obscure the source of your e-mail in any manner.
[d] You otherwise comply with the CAN-SPAM Act and other applicable law.

These policies apply to messages sent using your RiddimHost service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your RiddimHost service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.

Unsolicited email

You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it. You must comply with the rules of any other network you access or participate in using your RiddimHost’s services.

Material protected by copyright

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:
[a] you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner.
[b] you are otherwise permitted by established United States copyright law to copy the work in that manner.

RiddimHost will terminate the service of repeat copyright infringers.

Domain verification

You must have valid and current information on file with your domain name registrar for any domain hosted on the RiddimHost network.

Disclaimer

RiddimHost is under no duty and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the RiddimHost network.

Internet abuse

You may not engage in illegal, abusive, or irresponsible behavior, including:

[a] Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to RiddimHost and its customers) without express authorization of the owner of the system or network;
[b] monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
[c] Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
[d] Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
[e] Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
[f] Any conduct that is likely to result in retaliation against the RiddimHost network.
[g] Use of RiddimHost’s network in a way that unreasonably interferes with RiddimHost’s other customers use of the network

Newsgroup, chat forums, other networks

You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages or mass postings to multiple forums.

AUP violation

Your services may be terminated with or without notice upon any violation of this AUP. If applicable, violations will be reported to the appropriate law enforcement agency. A failure to respond to an email from our abuse department within forty-eight (48) hours, or as otherwise specified in the email, may result in the suspension or termination of your Services. All abuse issues must be dealt with via trouble ticket/email and will receive a response within forty-eight (48) hours. If you feel you have discovered a violation of our AUP please report it to abuse@riddimhost.com

Terms of Service [v2 02/2019]

This Web Hosting Agreement is between Dioscuri Technology LLC d/b/a RiddimHost and the person/persons who use our website hosting and domain service. Please read carefully to ensure you understand our terms before purchasing any of our products or services.


Services

RiddimHost agrees to provide the services stated for the price agreed at any given time. We do not miss lead customers with hidden costs unlike many other web hosting companies.


Terms

All customers are responsible for monitoring their storage space and/or bandwidth transfer each month. Customers who go over the limit of their account will be sent an email with the option to either upgrade their account or reduce store and or storage. If customers continue to go over we will do everything possible to fix the problem. We do hold to right to ban accounts for continuous problems. If customers sign up for an account and cancel it within the first month they will still be charged for the full first month.

Third party provider

RiddimHost may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third-party provider with whom you are dealing.

RiddimHost does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third-party provider. You undertake all transactions with these third-party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. RiddimHost is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.

Reseller or licensor

RiddimHost may act as a reseller or licensor of certain third-party services, hardware, software and equipment used in connection with the Services (“Non-RiddimHost Products”).
RiddimHost shall not be responsible for any changes in the Services that cause any Non-RiddimHost Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-RiddimHost Products, either sold, licensed or provided by RiddimHost to you will not be deemed a breach of RiddimHost’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-RiddimHost Product are limited to those rights extended to you by the manufacturer of such Non-RiddimHost Product. You are entitled to use any Non-RiddimHost Product supplied by RiddimHost only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-RiddimHost Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-RiddimHost Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.

Payments

Renewal notices are emailed three days before the actual renew date in your account. If you're using a credit card you will not have to worry about manual payments. All accounts are set up on a pre-pay basis. If payment is not received within 7 days a late fee will be added. RiddimHost reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. You are responsible for all fees owed on the account from the time it was established to the time that YOU notify RiddimHost to request for termination of services. All prices quoted on our websites are in USD. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length unless canceled beforehand. There is no fee for canceled accounts that have been paid for yearly. If you cancel an account on the monthly billing cycle RiddimHost cannot refund any payments made before.

All annual payments are non-refundable once the 30-day money back guarantee has passed. The only time your annual plan will end is if your account does not comply with our terms of service/acceptable usage policy. Both monthly and annual payments are non-refundable if your account does not follow our terms of service/acceptable usage policy.

Cancellation and early termination

Customers must acknowledge that the amount of the services bought is based on customers agreement to pay the fee for the initial term or renewal term.

You may terminate or cancel the Services by giving RiddimHost written notice via the client portal. In such event:
[i] you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and
[ii] RiddimHost may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.

Money back guarantee

Our shared hosting service comes with a thirty (30) day money back guarantee. If you purchase our shared hosting product and then cancel within the first thirty (30) days of the term, you will, upon written request via our online ticketing system within thirty (30) days of such termination or cancellation, receive a full refund of all basic hosting fees previously paid by you for the initial term; provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions of, this Section.
[i] Request for refund must be made in writing via our ticketing system.
[ii] Refunds will only be issued for basic hosting services and will not include administrative fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services.
[iii] Money Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances if you do not provide the applicable Refund Request within the Notice Period.
[iv] Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
[v] There are no refunds on domain names, G Suite, administrative fees, license fees, and install fees for custom software.

Server abuse

Any attempt to undermine or cause harm to a server or customer of RiddimHost is strictly prohibited.

RiddimHost will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include ‘Internet scamming’ (tricking other people into releasing their passwords), password theft, security hole scanning, etc.

Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or computer belongs to RiddimHost, will result in action against YOU. Possible actions include warnings, account suspension or cancelation, as well as civil or criminal legal action, depending on the seriousness of the attack.

IMPORTANT NOTE – RiddimHost has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.

YOU may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, upload scripts (Rappidleach), pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by RiddimHost to be unacceptable use of our services including abuse of server resources.

WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS – All web applications that are out-of-date and actively being exploited will be shut down immediately without prior notice. You are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness.

Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material; displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.

Disk space abuse

RiddimHost will be the sole arbiter as to what constitutes a violation of this provision. You are responsible for monitoring your disk space usage. If you need extra disk space contact one of our staff and they will be happy to help. You can also upgrade your hosting plan from inside your RiddimHost client account.

Bandwidth abuse

The intention of RiddimHost is to provide unmetered bandwidth to transfer web documents, and not an offsite storage area for electronic files. If YOU violate this condition, YOU will be notified and given 48 hours to remedy the problem. Failure to do so will result in account suspension or termination.
RiddimHost will be the sole arbiter as to what constitutes a violation of this provision.

Acceptable use policy

Customers agree to use our services under the Acceptable Usage Policy which is hereby incorporated with this agreement. Customers agree that RiddimHost holds the right to change their AUP at any time to meet web hosting standards and laws. Amendments to the AUP are effective on the earlier of RiddimHost notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with RiddimHost reasonable investigation of any suspected violation of the AUP. In the event of a dispute between RiddimHost and Customer regarding the interpretation of the AUP, RiddimHost commercially reasonable interpretation of the AUP shall govern.

Customer information

Customer represents and warrants to RiddimHost that the information he, she or it has provided and will provide to RiddimHost for purposes of establishing and maintaining the service is accurate. If customer is an individual, customer represents and warrants to RiddimHost that he or she is at least 18 years of age. RiddimHost may rely on the instructions of the person listed as the Primary Customer Contact on the order with regard to customer’s account until customer has provided a written notice changing the Primary Customer Contract.

Unsolicited email & spamming

Unsolicited commercial advertisements (‘SPAM’) are not allowed in e-mail, and will likely result in account cancelation. RiddimHost takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, your account may be deleted.

The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers – any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account (‘mail bombing’); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing list’s charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mails, you must not send that person any further messages.

NOTE – If YOU use the services of another provider to promote a website hosted by or through RiddimHost (‘spamvertising’), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.

Uptime guarantee

[a] COVERAGE – This 99.9% uptime guarantee applies to any Customer in good financial standing with RiddimHost at the time of a service outage.

[b] SERVICE LEVEL AGREEMENT (‘SLA’) & SPECIFICATIONS – RiddimHost endeavors to have the content of YOUR website available for HTTP access by any party in the world 99.9% of the time. Network downtime (‘unavailability’) is defined as 100% packet loss from RiddimHost to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via RiddimHost’s online ticketing system.
RiddimHost’s administrators will determine the end of the downtime by a traceroute to YOUR machine from outside the RiddimHost network.

[c] SHARED HOSTING CREDITS – In the event that YOUR website is unavailable for less than 100%, RiddimHost will credit the following month’s service fee as follows. YOUR credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month.
– 95% to 99.9% – YOUR account will be credited 10% of your monthly hosting fee
– 90% to 94.9% – YOUR account will be credited 20% of your monthly hosting fee
– 89.9% or below – YOUR account will be credited 50% of your monthly hosting fee
Credit shall not be provided to YOU in the event that you have any outage resulting from:
– scheduled maintenance as posted from time to time at RiddimHost's website,
– your behavior or the performance or failure of your equipment, facilities or applications,
– circumstances beyond RiddimHost’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site,
– YOU breaking any agreement policy in RiddimHost’s ‘Terms & Conditions and AUP’ causing a machine to fail as a result.

Technical support boundaries

RiddimHost provides technical support for you that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues.

We will do our best to help with scripts, templates and programming languages. However, under no circumstances is RiddimHost obligated to help you in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by YOU previously.

indemnification

Customer agrees to indemnify and hold harmless RiddimHost, RiddimHost’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by customer.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS RIDDIMHOST AGAINST LIABILITIES ARISING OF:
[1] ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH RIDDIMHOST’S SERVER.
[2] ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY
[3] COPYRIGHT INFRINGEMENT AND
[4] ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM RIDDIMHOST’S SERVER.

Disclaimer of warranties

RiddimHost does not warrant or represent that the services will be uninterrupted, error-free, or completely secure. To the extent permitted by applicable law, RiddimHost disclaims any and all warranties including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law, all services are provided on an “As Is” basis.

Limitation of damages

Neither party shall be liable to the other for any lost profits or any indirect, special incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.

Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of RiddimHost and any of its employees, agents or affiliates, under any theory of the law (including breach of contract, tort, strict liability and infringement) shall be a payment of money not to exceed the amount payable by customer for the three months service.

Suspension/Termination of services

Customer agrees that RiddimHost may suspend services to customer without notice and without liability if: (i) RiddimHost reasonably believes that the services are being used in violation of the AUP; (ii) customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) RiddimHost reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay RiddimHost reasonable reinstatement fee if service is reinstated following a suspension of service under this subsection.

The Agreement may be terminated by customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if RiddimHost fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of customer’s written notice describing the failure in reasonable detail. The Agreement may be terminated by RiddimHost prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon five (5) days notice if customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within fourteen (14) days of a written notice from RiddimHost describing the violation in reasonable detail; (iii) upon one (1) days notice if customer’s service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

If you break our terms of service/acceptable usage policy we hold the right to cancel any services. We will never cancel any services without trying our best to resolve the problem with you. However in extreme cases such as an account containing child pornography we hold the right to cancel services without any prior warning. We do not refund any accounts breaking our terms of service/acceptable usage policy. For example, if we cancel your hosting account during your first month for breaching copyright, we will not refund you for the first month. This is to prevent people from signing up for our services with the intention of breaching our terms.

Request for customer information

Customer agrees that RiddimHost may, without notice to customer, (i) report to the appropriate authorities any conduct by customer or any of customer’s customers or end users that RiddimHost believes violates applicable law, and (ii) provide any information that it has about customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

Back-up copy

Customer agrees to maintain a current copy of all content hosted by RiddimHost notwithstanding any agreement by RiddimHost to provide back up services.

RiddimHost’s backup service runs once a night and overwrites any of our previous backups. Only one night of backups is kept at a time. This service is provided as a courtesy and may be modified or terminated at any time at RiddimHost’s sole discretion. Accounts larger than 20GB or 100,000 inodes WILL NOT be included in nightly backups.

Changes to network

Upgrades and other changes in RiddimHost’s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of customer’s hosted content and/or applications. RiddimHost reserves the right to change its network in its commercially reasonable discretion, and RiddimHost shall not be liable for any resulting harm to customer.

Notices

Notices to RiddimHost under the Agreement shall be given via electronic mail to the e-mail address posted for customer support. Notices to customers shall be given via electronic mail to the individual listed as the Primary Customer Contact on the order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customers may change his, her or its notice address by a notice given in accordance with this section.

Force Majeure

RiddimHost shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond RiddimHost’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

Governing/Law disputes

The Agreement shall be governed by the laws of the State of New York, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods.

Miscellaneous

Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trademark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be an agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer’s purchase order or other business forms are not binding on RiddimHost unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without RiddimHost’s prior written consent. RiddimHost’s approval for assignment is contingent on the assignee meeting RiddimHost’s credit approval criteria. RiddimHost may assign the Agreement in whole or in part. This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.

Copyright files

All files stored on RiddimHost’s servers must be legally-owned and be accompanied with a valid license and/or copyright. This includes and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion.

Cancelation of service

RiddimHost reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by RiddimHost if we institute our right of cancelation. Any violation of policies which results in extra costs billed to YOU.

Promotional rates & special offers

RiddimHost may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not affect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.

We have various special promotions that include a domain name. The cost of this domain name is usually covered by the first month’s payment. As a result of this, our promotions are not refundable and are not covered by our 30-day money back guarantee.

Intellectual property rights

Material accessible to you through RiddimHost’s services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets, and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use RiddimHost or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the RiddimHost network. If YOU use a domain name in connection with RiddimHost or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network security

Customers may not use the RiddimHost network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. You may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crashes a host or network. RiddimHost will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

E-commerce

You will be solely responsible for the development, operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation:
[a] the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products,
[b] ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and
[c] ensuring that the content and materials appearing within the store or related to YOUR products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising therefrom.
You are also responsible for the security of any customer credit card numbers and related customer information YOU may access as a result of conducting electronic commerce transactions through YOUR website. YOU will keep all such information confidential and will use the same degree of care and security as YOU use with your confidential information

Static & dynamic content caching

YOU expressly
[i] grant to RiddimHost a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by RiddimHost under this Agreement and
[ii] agree that such caching is not an infringement of any of YOUR intellectual property rights or any third party’s intellectual property rights.

IP address ownership

RiddimHost shall maintain and control ownership of all IP addresses that may be assigned to YOU by RiddimHost. RiddimHost reserves, in its sole discretion, the right to change or remove any and all such IP addresses.

Domain name registration

You agree to pay RiddimHost prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the RiddimHost price schedule for the initial registration of the domain name and, should you choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, canceled or transferred prior to the end of your then current registration term. RiddimHost reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed your registration in an email from RiddimHost to the email address indicated in your registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by RiddimHost) in connection with the payments of the registration fee for your domain name registration, you agree and acknowledge that the domain name registration shall be transferred to RiddimHost as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. RiddimHost will reinstate your domain name registration solely at RiddimHost’s discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

TRANSFER DOMAIN REGISTRAR TO RIDDIMHOST You agree to pay RiddimHost prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the RiddimHost price schedule for the initial transfer request of the domain name. You agree and acknowledge that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to:
– No response from the Registered Name Holder or Administrative Contact
– A domain name in Registrar Lock Status
– Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
RiddimHost reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Your requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed your registration in an email from RiddimHost to the email address indicated in your registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by RiddimHost) in connection with the payments of the registration fee for your domain name registration, you agrees and acknowledges that the domain name registration shall be transferred to RiddimHost as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. RiddimHost will reinstate your domain name registration solely at RiddimHost discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

TRANSFER DOMAIN AWAY FROM RIDDIMHOST RiddimHost reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:
– No response from the Registered Name Holder or Administrative Contact
– A domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change
– Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
You agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and RiddimHost will not be held liable for the failure of a domain name transfer for any reason.
Domain registrations and renewals are non-refundable. Please do not purchase the domain name until you are certain that it is exactly what you would like to buy.

Lawful purpose

RiddimHost reserves the right to refuse service to anyone. You may only use RiddimHost servers for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat or violates export control laws. Examples of non-acceptable content or links: ‘Pirated Warez’, OGG, AVI, MPEG, ISO, ‘Hacker programs or archives’, ‘Copyrighted Digital Movie Copies (DIVX)’ and ‘Unlicensed MP3’. The designation of any materials as such described above is left entirely to the discretion of RiddimHost management.

Privacy statement

If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that RiddimHost may disclose any and all YOUR information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.

Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in Bronx, New York, and any dispute will be litigated or arbitrated in Bronx, New York. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Bronx courts. IN NO EVENT SHALL RIDDIMHOST’S MAXIMUM LIABILITY EXCEED ONE HUNDRED ($100.00) DOLLARS.