CodeRed Cloud Terms of Service

Terms of service last updated: April 23, 2020.

Whereas, CODERED LLC (CodeRed) is an information provider connected to the Internet CodeRed offers web hosting services over the Internet through access to its Web Server;

Whereas, Customer seeks to utilize CodeRed’s service for its own purposes;

Whereas, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, CodeRed can make no guarantee that any given reader shall be able to access CodeRed’s service at any given time.

CodeRed represents that it shall make every good faith effort to ensure that its services are available as widely as possible and with as little service interruption as possible;

Now therefore, in consideration of the mutual promises contained herein, the parties agree as follows;

Financial Arrangements

  1. Customer agrees to a thirty (30) day contract minimum beginning upon commencement of service. Exact contract duration is decided upon at signup.

  2. Customer agrees that all charges and fees associated with an account are their sole responsibility.

  3. If the customer wishes to cancel CodeRed services within seven (7) days of the initial signup they shall be able to do so for any reason (aside from disablement for Terms of Service violations) and have their money promptly refunded.

  4. At the end of the contract term, the contract will automatically renew for the original contract length indefinitely until canceled in writing or via the web panel. The customer can pre-authorize recurring transfers to CodeRed from a linked credit card account. If the customer provides an associated payment card that is determined to be expired, invalid or otherwise not able to be charged, the customer agrees that CodeRed may use other payment methods linked to the customer’s bank account (such as new credit card credentials from your card issuer).

  5. Unused portions of any CodeRed services are non-refundable. Refunds may only be issued to the customer at the discretion of CodeRed.

  6. Violations of CodeRed’s Terms of Service may, at CodeRed’s discretion, result in immediate and permanent disablement without refund.

  7. Disputed charges (“chargebacks”) associated with any CodeRed account, at CodeRed’s discretion, may result in immediate and potentially permanent disablement of services or the full account. Each rejected charge will incur a $50 fee on the account which must be paid before any services may be reactivated.

  8. CodeRed will use commercially reasonable efforts to make services available 99.9% of the time during each 30 day billing cycle. If CodeRed is unable to meet this service level, Customer be eligible to receive a credit to apply to future billing cycles based upon the Unavailability for that month.

    1. Unavailability that is a result of scheduled maintenance is excluded from these conditions and will not be considered for service credit calculations. Scheduled maintenance is defined as maintenance that is announced at least 5 days in advance, and does not exceed one hour in any month.

    2. Service credits will be calculated as a percentage of the bill for the billing cycle that the Unavailability occurred. The percentage for the credit will be calculated by dividing the number of minutes of Unavailability by the total number of minutes in that billing cycle.

Material Products

  1. Customer will provide CodeRed with material and data in a condition that is “server-ready”, which is in a form requiring no additional manipulation on the part of CodeRed. CodeRed shall make no effort to validate this information for content, correctness or usability.

  2. Use of CodeRed’s service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer’s website by the Customer.

  3. The following examples are offered:

    1. Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing website contents, graphics, text, etc.

    2. Programming: requires a knowledge of the UNIX environment, Python, PHP, filesystem access, etc.

  4. The Customer agrees that they have the necessary knowledge to create Customer’s website. Customer agrees that it is not the responsibility of CodeRed to provide this knowledge or Customer Support outside of the defined service of CodeRed.

  5. CodeRed will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions set forth in our Terms of Service.

  6. CodeRed reserves the right to police its network to verify compliance with all agreed upon Terms.

  7. The Customer agrees to cooperate in any reasonable investigations into their adherence to all agreed upon Terms. Failure to cooperate is grounds for immediate disablement of all accounts/service plans.

  8. CodeRed reserves the right to disconnect any website or server deemed to present a security threat to CodeRed’s customers, servers, or network.

  9. The opening of multiple accounts or service plans in order to bypass any restrictions or overage charges set forth by CodeRed is grounds for termination of all services.

  10. CodeRed makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. CodeRed also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries, or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of CodeRed is at the Customer’s own risk, and CodeRed specifically denies any responsibility for the accuracy or quality of information obtained through its services. Any mention of connection speeds associated with CodeRed’s services represents the maximum achievable speed. CodeRed does not guarantee that the customer will achieve the maximum connection speed at all times, as this depends on a variety of factors (including your own internet connection!). CodeRed expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.

  11. CodeRed specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not “Server-ready”, CodeRed may, at its option and at any time, reject this material, including but not limited to after it has been put on CodeRed’s Server. CodeRed agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of CodeRed. If the Customer fails to modify the material, as directed by CodeRed, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.

  12. All domain names registered through CodeRed that are “parked” or are otherwise not immediately associated with a CodeRed hosting plan will be automatically pointed to a “Coming Soon” web page which informs visitors that the registrant has recently registered their domain name via CodeRed. The Coming Soon web page may be modified at any time by CodeRed without prior notice to the Customer.

Trademarks & Copyrights

Customer warrants that it has the right to use the trademarks and copyrights applicable to all content and/or products being made available through the customer’s account.

Guaranteed Uptime

CodeRed guarantees 99.9% uptime per 30 day billing cycle. A failure to provide this uptime will result in customer compensation pursuant to guidelines established herein.

Customer is entitled to compensation if Customer’s website becomes unusable as a result of failure(s) in CodeRed systems for reasons other than previously announced scheduled maintenance, coding or configuration errors on the part of the Customer.

Customer will receive CodeRed credit equal to the Customer’s current hosting cost for 1 (one) day of service for each 1 (one) hour (or fraction thereof) of service interruption, up to a maximum of 10% of customer’s next pre-paid hosting renewal fee.

CodeRed’s assessment of downtime begins when Customer opens a support ticket to report the problem.

Age

The Customer certifies that they are at least 18 years of age, or that their parent or legal guardian will act as the “customer” in terms of this contract.

Termination

This contract may be terminated by either party, without cause, by giving the other party 14 days written notice. CodeRed will accept termination by electronic mail. Notwithstanding the above, CodeRed may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. CodeRed reserves the right to charge a reinstatement fee.

Limited Liability

Customer expressly agrees that use of CodeRed’s service is at Customer’s sole risk. Neither CodeRed, its employees, affiliates, agents, third party information providers, merchants licensers, or the like, warrant that CodeRed’s service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the CodeRed Server service, unless otherwise expressly stated in this contract.

Under no circumstances, including negligence, shall CodeRed, its offices, agents, or any one else involved in creating, producing or distributing CodeRed’s service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the CodeRed Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to CodeRed’s records, programs, or services. Customer hereby acknowledges that this paragraph shall apply to all content on CodeRed’s service.

Notwithstanding the above, Customer’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.

Indemnification

Customer agrees that it shall defend, indemnify, save, and hold CodeRed harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against CodeRed, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless CodeRed against Liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with CodeRed’s service; any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement; any defective product which Customer sold using CodeRed’s service.

Sanctioned Countries

Customer agrees to comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control, and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. Specifically, Customer covenants that it shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from CodeRed under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. Customer agrees to indemnify, to the fullest extent permitted by law, CodeRed from and against any fines or penalties that may arise as a result of Customer’s breach of this provision. This export control clause shall survive termination or cancellation of this Agreement.

Prohibited Content & Activities

Customer is prohibited from using CodeRed services for:

Illegal Activity

Customer may only use CodeRed’s service for lawful purpose. Transmission of any material in violation of any Country, Federal, State, or Local regulation is prohibited. To this effect, child pornography is strictly prohibited as well as housing any copyrighted information (to which the customer does not hold the copyright or an appropriate license) on CodeRed’s service. Also, using CodeRed’s service to conspire to commit or support the commission of illegal activities is forbidden as well.

Hacking

Websites dedicated to the discussion of malicious hacking activities or the distribution of malicious hacking tools are prohibited. Also, the usage of CodeRed’s computer systems or network to access any system, service, or network without the owner’s consent is expressly forbidden.

Storing, posting or transmitting materials that would give rise to liability under the Computer Fraud and Abuse Act is prohibited.

Service Interruptions

Any activity which causes service interruptions to either CodeRed’s systems or any outside network. This includes, but is not limited to, the execution of Denial of Service attacks or other maliciously configured software.

Spamming

Customer agrees to not have any content on their site that advocates, sells or in any way makes available tools or methods to send or relay unsolicited email, SMS text messages, or phone calls (spam), or to use spam to advertise for their site hosted at CodeRed. Any complaint we receive about a violation of this or the preceding two points will be taken very seriously and will result in immediate account cancellation without a refund.

Personal Information Harvesting

Collecting or using email addresses, screen names, or other personal identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, harvesting, and ransomware) is forbidden.

Blacklisting

You agree that if the CodeRed IP numbers assigned to your account are listed on an abuse database or blacklist, such as Spamhaus, you will be in violation of acceptable use, and CodeRed may take reasonable action to protect its IP numbers, including suspension and/or termination of your service, regardless of whether the IP numbers were listed as a result of your actions.

Spoofing & Impersonation

Usage of the CodeRed network to impersonate another person or entity, be it through Email, Internet Forums, or any other means, is strictly prohibited. This includes spoofing email or network packet headers whether or not it is done for malicious purposes.

Abusive Processes

Any code or process that adversely affects the ability of any other customer to satisfactorily use their provided services is forbidden. This includes, but is not limited to, CPU-intensive code and websites for which the scale of traffic has exceeded the resources or limitations allocated by CodeRed.

Network Daemons

Any process that opens a network socket to accept connections from external networks outside the normal operation of the HTTP web server provided by CodeRed is forbidden. Processes are allowed to bind to the local host only, but are held to the limitations placed on all other processes. They must not use up more resources than allocated by CodeRed, and they must not attempt to interfere with any other customers’ activities.

Governing Law

This Agreement shall be governed by the laws of the State of Ohio, and any litigation brought in relation to damages caused by CodeRed shall be brought in a Court in Northeastern Ohio and both parties agree to said jurisdiction and venue.

Contract Revisions

Revisions to this Contract will be applicable to previous Contracts Revisions will be considered agreed to by the Customer on renewal of service as specified in Section – Financial Arrangements.

Transfer

Customer may not transfer this contract without the written consent of CodeRed.

Contract

These Terms and Conditions constitutes the entire Contract and understanding of the parties. Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.