Riptide Hosting Terms and Conditions of Use
This Services Agreement (the "Agreement") contains the complete terms and conditions
which govern your subscription of Web hosting, Dedicated Server(s), Virtual Server(s),
Server Colocation, Microsoft Licensing, and other Internet-related services provided by Riptide Hosting, Inc.
(the "services"). As used in this Agreement, "Riptide Hosting" means Riptide Hosting,
Inc. and "Client" or "you" means you. In accepting Riptide Hosting's quote for the
services or by using the services, you acknowledge that you have read the Agreement, and you agree to its
terms and conditions and all policies posted on the Riptide Hosting Site. As referred
to in this Agreement, "Site" refers to a World Wide Web site and "Riptide Hosting
Site" refers to the Site located at the URL https://www.riptidehosting.com, or any
other successor Sites owned or maintained by Riptide Hosting. In addition to the
following, the Acceptable Use Policy provide more detailed information regarding
what is acceptable use of our products and services. You are provided administrator/root access to the server(s) and are responsible for managing your server(s). Riptide Hosting does not manage your server or applications for you.
Appropriate Use of the Services
Riptide Hosting provides the services defined above exclusively and makes no effort
to edit, control, monitor or restrict the content of data other than as necessary
to provide such services.
Service Level Guarantee
We keep your servers up and running, so you can run your business not your server. Riptide Hosting guarantees the network and power to be available 99.99% of the time, and 100% of the time with our Enterprise Servers which feature dual power feeds. Downtime qualifies the customer for 5% of the monthly fee credit for each 30 minutes of network/power downtime. This applies per device and not for all devices if a single device fails. Excludes scheduled maintenance windows. Excludes Client provided equipment (colocation) that fails.
Client agrees that it will not distribute, electronically transmit or display any
materials supplied by Client - or through Client by a third party - to any Riptide
Hosting server, or server co-located with Riptide Hosting, in connection with Client's use of the Services which:
- Violate any state, federal or foreign laws or regulations;
- Infringe on any intellectual property rights (e.g. copyright, trademark, patent
or other proprietary rights) of Riptide Hosting or any third party;
- Are defamatory, slanderous or trade libelous;
- Are threatening or harassing;
- Are discriminatory based on gender, race, age or promotes hate
- Violate any Riptide
Hosting policy posted on the Riptide Hosting site including but not limited to those
listed in this Agreement or the Acceptable Use Policy.
- Contain viruses or other computer programming defects which result in damage or potential damage to
Riptide Hosting or any third party.
Dedicated and Virtual Servers: The Disk Drive and/or Disk Space Quota for
these accounts is hard quota based and clients have full access and rights to
the disk space. Disk space quota includes the space required
for the Operating System, Control Panel and other Services that come with the
server set up which is selected by the client. Client has full control of all
disk space for these accounts and may remove, delete and/or alter the installed
files and configurations. However, removing, altering or deleting the files and
base configurations installed by Riptide Hosting, places all software support
for that account/server into a fee based category. Refer to our Support Policies located on the Riptide Hosting Site
as may be updated from time to time for details regarding support.
We do not, by default, limit the amount of bandwidth to the account/server. If a Client wishes to have their bandwidth capped, we will
do so upon request, software permitting. Dedicated server, virtual server and colocation
accounts are limited only to port speed. Default port setting is 5 Mbps.
Additional fees, specified in the account plan will be charged for exceeding the
network bandwidth allowance of your selected plan/server. The Client will be
responsible for any excess bandwidth used due to a security vulnerability,
virus, or any other type of exploit.
Licensed Software Only
Client agrees to use/install only properly licensed software and applications in connection with Client’s use of the services including on any server or equipment hosted with Riptide Hosting.
Riptide Hosting licenses certain Microsoft software under the Microsoft Service Provider Licensing Agreement (SPLA) program. End Users (you as Client of Riptide Hosting) utilizing Microsoft software obtained through the SPLA agree to the following terms listed here Microsoft End User License Terms.
If you are using Microsoft software through Riptide Hosting / SPLA under academic (EDU) pricing, you agree to and confirm that all users are qualified educational users as detailed here Qualified User Definition Terms.
If you plan to use/install any Client-owned Microsoft licenses on servers or equipment hosted with Riptide Hosting, please contact us to discuss options. Microsoft licensing terms limit the use/transfer of certain client owned licenses to a public cloud / virtual server (VM) shared infrastructure platform. Riptide Hosting’s Dedicated Server Hosting offering, or colocation of your own equipment, are the
only options for Clients that want to utilize their own Microsoft licenses on a hosted server with Riptide Hosting. Licenses acquired through Riptide Hosting via the SPLA can be utilized on any of our hosting offerings and platforms.
Per Microsoft licensing terms, Microsoft Office and related products do not have License Mobility rights to install Client owned licenses on a cloud/VM platform (shared infrastructure platform). You cannot install you own licenses of Office/Office365/Microsoft365 on our cloud virtual servers.
For Clients using the Windows Remote Desktop Services (RDS) feature of Windows Server, a RDS user license (called a RDS SAL) is required for each unique end user authorized to access your instance of the server software directly or indirectly.
Customers using their own licenses through Microsoft Volume Licensing programs must ensure compliance with the applicable Microsoft Product Terms. The Product Terms document provides the use rights for licensed products currently offered under the Microsoft Volume Licensing programs.
Client agrees to indemnify Riptide Hosting for any damages resulting from the use of non-compliant software or violations of licensing terms. Client is responsible for complying with all their software vendors’ licensing terms and policies. Riptide Hosting recommends you review your licensing agreements for restrictions and limitations, including for example, Retail or OEM licenses are typically not transferrable to a hosted server; Microsoft Office doesn’t have License Mobility to install licenses on a shared hardware platform, etc.
If you wish to use your own licensing for MS Office, SQL Server, Office 365 / Microsoft 365, RDS Cals, Windows Server or MSDN / Visual Studio Subscription, you must use our dedicated server offering or colocate your own server(s). You agree not to install your Microsoft licensing on a virtual server in our virtual cloud environment.
You agree to use and install only properly licensed software on the server and agree to indemnify Riptide Hosting, Inc. and reimburse Riptide for any fees or penalties incurred for non-compliance, including those incurred from a third party software audit.
Back-up Files and Processing
Client is responsible for making back-up files in connection with its use of the services.
Riptide Hosting does not guarantee the accuracy and quality of backup processes
provided by 3rd party software. For clients who pay for Riptide Hosting's Veeam backup service for virtual servers, Riptide Hosting uses Veeam software to backup the virtual server to a backup repository located in the same datacenter as the running virtual server. We encourage you to also have an off-site backup of your data which is not something Riptide Hosting provides. There are many third party online software backup offerings you can reserach on your own to perform an off-site backup.
For Clients using 'paid for' backup processing services, Riptide Hosting
provides the service on a best efforts basis and does not guarantee that the backups performed can be properly restored. It is always advised to verify your backup data is viable which requires you inspect it. We encourage you to also have your own off-site backup of your data that you control.
Overall Security: Anti-Virus / Malware / Firewall Settings
Client is solely responsible for installing, maintaining, updating and monitoring servers for proper security settings including, but not limited to, protection from viruses and malware, properly configured/enabled firewall, use of strong passwords, and additional security measures.
You are responsible for managing your server(s) and protecting your data
You are responsible for managing your server. Riptide Hosting does not manage your server, operating system, or applications for you. Riptide Hosting provides the underlying hardware infrastructure (server hardware (but not for colocation Clients), power, IP addresses, and bandwidth) but does not manage the operating system or applications installed. Riptide Hosting is not providing managed server services to you. You are responsible for implementing security measures that make sense for your environment and data stored on the server, such as, but not limited to, anti-virus software, limiting website usage, enabling and configuring a firewall, restricting access by IP, implementing VPN software, implementing multi-factor authentication, etc. We recommend you monitor your server to ensure that windows updates have installed each month, AV scans have completed, strong/complex passwords be used and required for all users and accounts. You retain full responsibility for implementing and maintaining reasonable security procedures and practices appropriate to your business and data collected. You can remove or disable Riptide Hosting's account on the server(s) if preferred and/or for security protocol reasons.
Riptide Hosting reserves the right to refuse service to anyone. Riptide Hosting,
in its sole discretion, may immediately terminate this Agreement if Client
engages in any of the foregoing behaviors set out here within or on the Acceptable Use Policy. To
report any unacceptable behavior by a third party using the services, please
contact [email protected]. Riptide Hosting in its sole discretion may also terminate this agreement for any reason upon 15 days notice. Riptide Hosting shall also be able to terminate the
Agreement where more specifically set out in the other provisions contained in
Service Fees. Invoices are emailed to Clients on the first of each month for services rendered for the current month. Payment is due by the 10th of each month by credit card, bank ACH, or check received. Riptide
Hosting shall be entitled to terminate this Agreement for Client's failure to
make timely payments to Riptide Hosting. In the event that Client defaults in
the performance of making payments due under this Agreement, then Riptide
Hosting, after providing notice thereof to the Client, may terminate this
Agreement. In the event of such a termination, Client shall remain responsible
for certain fees and charges as more particularly set out in this Agreement.
Certain services carry a set-up fee charged by Riptide Hosting to Client that
must be paid by Client in order to have use of the Services. If Client
terminates this Agreement in accordance with the applicable section below, Client shall
be responsible for any outstanding fees owed to Riptide Hosting and agrees to
pay any and all fees incurred by Client. Because the Services are provided on a
monthly basis, Client will be responsible for
Service fees incurred each month regardless of when Client provides notice of
termination. Thus, for example, if Client provides notice to terminate on the
15th of a particular month, Client will still owe fees for the entire month and
such fees will not be pro-rated or refunded. If Client has retained the Services
for one (1) year and has pre-paid Riptide Hosting for such Services, refunds
will be issued for any unused full month portions less one month of the Services
upon Clients request. Therefore, if Client's account is canceled at any point
during the one (1) year term, Client will be entitled to a refund for all but
one of the full months remaining after notice given by the 25th of the preceding
Late Payments. Any payment not received within twenty (20) days
of the invoice date, will be assessed a late fee of one and one-half percent (1
1/2%) per month or the highest rate allowed by applicable law, whichever is
lower, with minimum of a $5.00 fee. Client also shall pay to Riptide Hosting all
expenses incurred by Riptide Hosting in exercising any of its rights under this
Agreement or applicable law with respect to a Payment Default or other breach by
Client, including, but not limited to, reasonable attorneys' fees and the fees
of any collection agency retained by Riptide Hosting. Late Fees will continue to
accrue as long as there is an outstanding balance.
Returned Item Fee. Accounts with returned checks and/or
e-checks will be assessed a $25.00 returned item fee.
Client Liability and Indemnification
The parties agree that in no event shall Riptide Hosting be liable to any third
party for Client's breach or alleged breach of any of the terms and conditions
set forth in this Agreement. Client agrees to defend, indemnify and hold
harmless Riptide Hosting from any and all expenses, losses, liabilities, damages
or third party claims resulting from Client's breach or alleged breach of any
Client obligations set forth hereunder.
Term, Termination & Reinstatement
Subject to the terms and conditions hereof, this Agreement shall be effective on
the date you request/register for the Services, and shall continue in effect on a
month-to-month basis unless otherwise specified by separate agreement (the
"Term") unless terminated earlier pursuant to the provisions of this Section.
Either party will have the right to terminate this Agreement upon notice to the
other party. If Client is terminating this Agreement, Client must contact Riptide Hosting, Incorporated by the last day of the respective
month of cancellation. Client should contact Riptide Hosting via email or written notice and request an acknowledegement of contact. If Riptide Hosting disconnects a Dedicated Server, Virtual Server or
Colocation server for non-payment, the Client shall pay a fee of Fifty Dollars
($50) prior to any re-instatement, if available and subject to approval from
Riptide Hosting, of the server. Once payment has been
received, Client's account will be activated within Forty-eight (48) business
hours. If a Client terminates
their account, Riptide Hosting will disable the server/account the day the
client specifies the account is canceled (payment is required for the full month of service in the month of cancellation). Riptide Hosting will not maintain an
archival copy of the Clients Web site or files. It is the responsibility of the
Client to remove any data off the server prior to the date provided in their
Client will pay and indemnify and hold Riptide Hosting harmless from any and all
taxes associated with or arising from Client's use of the Services, including
any penalties and interest and any costs associated with the collection or
withholding thereof. Client will be responsible for and will pay in full, any
taxes and similar fees now in force or enacted in the future imposed on the
transaction and/or the delivery of Services.
Disclaimer of Warranty
THE SERVICES, THE RIPTIDE HOSTING SITE, INCLUDING WITHOUT LIMITATION, ALL
PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE RIPTIDE HOSTING SITE, AND ALL
TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS'
BASIS AND WITHOUT WARRANTY OF ANY KIND. RIPTIDE HOSTING DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT
LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, RIPTIDE HOSTING SPECIFICALLY DISCLAIMS ANY WARRANTY
THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE
CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE
SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
Limitation of Liability
IN NO EVENT SHALL RIPTIDE HOSTING BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF
DATA, PROFITS, USE OF THE RIPTIDE HOSTING SITE OR ANY RIPTIDE HOSTING PRODUCTS
OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES
IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES
PROVIDED HEREUNDER. IN NO EVENT SHALL RIPTIDE HOSTING CUMULATIVE LIABILITY
EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 US).
Monthly Maintenance Window
Riptide maintains a monthly maintenance windows on the first Friday of every month at 12:00 (midnight) EST, which is 10pm MST, for updates, upgrades, enhancements and routine maintenance. Riptide does not anticipate doing work in this Maintenance Window every month but it is scheduled monthly for any maintenance needs.
Notices. Any notices or communication under this Agreement shall be in writing
and shall be deemed delivered to the party receiving such communication at the
address specified below (1) on the delivery date if delivered personally to the
party, or a representative of the party; (2) one business day after deposit with
a commercial overnight carrier, with written verification of receipt; (3) on the delivery date if transmitted by (i)
confirmed facsimile, or (ii) email if client receives its invoices from Riptide
Hosting via email.
If to Riptide Hosting: Riptide Hosting, Inc., 6833 S. Dayton St. #127
Greenwood Village, CO 80112
If to Client: Name and address and relevant contact details as provided for in
account setup, or as subsequently updated by providing written notice to Riptide Hosting.
If any of the provisions, or portions thereof, of this Agreement are found to be
invalid under any applicable statute or rule of law, then, that provision
notwithstanding, this Agreement shall remain in full force and effect and such
provision or portion thereof shall be deemed omitted. This Agreement (including
the Exhibits, attachments and/or addenda, if any) represents the entire
agreement of the parties with respect of the subject matter hereof and
supersedes all prior and/or contemporaneous agreements or understandings,
written or oral between the parties with respect to the subject matter hereof.
This Agreement and the rights granted and obligations undertaken hereunder may
not be transferred, assigned or delegated in any manner by Client, but may be so
transferred, assigned or delegated by Riptide Hosting. Any waiver or any
provision of this Agreement, or a delay by any party in the enforcement of any
right hereunder, shall neither be construed as a continuing waiver nor create an
expectation of non-enforcement of that or any other provision or right. In any
legal proceeding between the parties under this Agreement, the prevailing party
shall be entitled to recover its costs, expenses and reasonable attorneys' fees.
This Agreement is made under and shall be governed by the laws of the United
States of America, except with regard to its conflict of law rules. This
Agreement and Riptide Hosting's policies are subject to change by Riptide
Hosting without notice. Continued usage of the Services after a change to this
Agreement by Riptide Hosting or after a new policy is implemented and posted on
the Riptide Hosting Site constitutes your acceptance of such change or policy.
We encourage you to regularly check the Riptide Hosting Site for any changes or
Riptide will not be responsible for any consequences of your use of our servers
including any damage to your business or any lawsuits or regulatory problems. The
decision to use or not use our services is yours alone, and must be made in
the context of your business and the laws and regulations that relate to it which you know
far better than we do.
Network, Application and System Security: You may not use Riptide Hosting's services or network to violate, monitor or interfere with, or to attempt to violate, monitor or interfere with, the security or reliability of any network, service, data, or other system without proper authorization. Examples of prohibited activities include any attempt to:
- Access any network, service, data, or other system that you are not authorized to access;
- Probe, scan, or test the vulnerability of any network, service, or system without proper authorization;
- Breach any security or authentication measures;
- Monitor data or traffic on any network or system without proper authorization or in a manner that disrupts or impairs the network or system;
- Interfere with service to any user, host, or network, including, without limitation, by means of overloading, mailbombing, flooding, crushing, or any denial of service attacks;
- Forge any TCP/IP packet header or any part of the header information in an e-mail message or a newsgroup posting;
- Use the account name of another person without proper authorization.
In the event of an actual or suspected security violation or incident, Riptide Hosting may take any actions that Riptide Hosting deems reasonably necessary to prevent harm to Riptide Hosting and/or other clients, including the network, systems and data of Riptide Hosting and/or other clients. Such actions may include, but are not limited to, the following:
- Removing, disabling access to, or suspending services;
- Disconnecting a host, server or virtual machine from the network;
- Reporting to appropriate law enforcement officials, regulators, or other appropriate third parties any activity that Riptide Hosting believes may violate any applicable law or regulation; and
- Cooperating with law enforcement agencies and regulators to assist with any investigation and/or prosecution.
Attacks: If you are using Riptide Hosting’s network services and a) you are the subject of a network attack, such as a DDoS attack, or b) your server and/or application is compromised, Riptide Hosting has the right, immediately and without prior notice, to terminate routing, block ports and IP address space, and/or suspend services in order to protect the integrity of the network and preserve the services provided to other users.
Please email suggestions to f="mailto:[email protected]?subject=Site Suggestion">[email protected].