Terms Of Service

The use of services from Red Storm Hosting.com, LLC [hereafter referred to as "Red Storm Hosting"] constitutes agreement to these terms. You may view our Privacy Policy here.

1.) Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

2.) Content
All services provided by Red Storm Hosting may only be used for lawful purposes. The laws of the State of Florida, the State of Texas, and the United States of America apply.
The customer agrees to indemnify and hold harmless Red Storm Hosting from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please contact us with any information you have.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
Examples of unacceptable material on all Shared servers include:

Any site whose revenue is gained in part or whole from its adult content.
Photos or videos showing any nudity on either men or women for any purpose.
Photos or videos that are sexual or suggestive in nature on either men or women for any purpose.
Hyperlinks to adult sites, including but not limited to sites that violate this policy.
Sites that share information and/or have discussion boards that is "adult" in nature.
Sites that sell or promote "adult" material, including but not limited to adult toys.
Topsites
IRC Scripts/Bots
Proxy Scripts/Anonymizers
Pirated Software/Warez
Image Hosting Scripts (similar to Photobucket or Tinypic)
AutoSurf/PTC/PTS/PPC sites
IP Scanners
Bruteforce Programs/Scripts/Applications
Mail Bombers/Spam Scripts
Banner-Ad services (commercial banner ad rotation)
File Dump/Mirror Scripts (similar to rapidshare)
Commercial Audio Streaming (more than one or two streams)
Escrow/Bank Debentures
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Sale of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Lottery Sites
MUDs/RPGs/PPBGs
Hateful/Racist/Harassment oriented sites
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute or link to warez/pirated/illegal content
Bank Debentures/Bank Debenture Trading Programs
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)

Red Storm Hosting’s services, including all related equipment, networks and network devices are provided only for authorized customer use. Red Storm Hosting systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Red Storm Hosting system(s) constitutes consent to monitoring for these purposes.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours.
If in doubt regarding the acceptability of your site or service, please contact us and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Direct customers: Your services will be terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
Red Storm Hosting reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
Red Storm Hosting reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Red Storm Hosting.

4.) Payment Information
You agree to supply appropriate payment for the services received from Red Storm Hosting, in advance of the time period during which such services are provided. You agree that until and unless you notify Red Storm Hosting of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Cancellations must be done in writing by submitting a support ticket. Once we receive your cancellation request and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic "Your request has been received..." email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us again to be certain we received your request.
As a client of Red Storm Hosting, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Red Storm Hosting provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 5 days and not paid will result in a $5 late fee and/or an account suspension until account balance has been paid in full.
Invoices that have been paid more than once with multiple PayPal Subscriptions can only be added as credit towards the account and cannot be refunded via PayPal. If you require assistance with this provision, please contact billing.
Red Storm Hosting reserves the right to change the monthly payment amount and any other charges at anytime.

5.) Backups and Data Loss
Your use of this service is at your sole risk. Red Storm Hosting is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Red Storm Hosting servers.

6.) Cancellations and Refunds
Red Storm Hosting reserves the right to cancel the account at any time with or without notice.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
Customers may cancel at any time. Red Storm Hosting gives you an unconditional 30 day money back guarantee on hosting plans for any customer who paid the first invoice with a credit card or with PayPal. Refund will not be given after 30 days. 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, you will not be eligible for a refund or if you have opened a second account with us.
Violations of the Terms of Service will waive the refund policy.

7a.) Resource Usage
User may not: a) Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) 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.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")

7b.) INODES
The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid over-usage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be suspended; however, 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 seems to be due to users leaving their catchall 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 our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.

8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

9.) Money back Guarantee
On dedicated servers and collocation no full refund will be honored -- the 30 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.
Each of Red Storm Hosting's shared servers carry a 30 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared packages and does not apply to install fees for custom software or domain name purchases.

10.) Shared (non-reseller accounts) / Semidedicated Servers
Shared accounts may not resell web hosting to other people. Semi-dedicated servers are not backed up. You must maintain your own backups.

11.) Dedicated Servers
Red Storm Hosting currently does not offer dedicated servers.

12.) Price Change
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on Red Storm Hosting.com, and the right to increase the amount of resources given to plans at any time.

13a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold Red Storm Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Red Storm Hosting, its agents, its customers, 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 Red Storm Hosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Red Storm Hosting; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Red Storm Hosting's server.

13b.) Arbitration
By using any Red Storm Hosting services, you agree to submit to binding arbitration. If any disputes or claims arise against Red Storm Hosting or its subsidiaries, such disputes will be handled by an arbitrator of Red Storm Hosting's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Florida. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

14.) Disclaimer
Red Storm Hosting shall not be responsible for any damages your business may suffer. Red Storm Hosting makes no warranties of any kind, expressed or implied for services we provide. Red Storm Hosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Red Storm Hosting and its employees.

15.) Disclosure to law enforcement
Red Storm Hosting may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

16.) Changes to the TOS
Red Storm Hosting reserves the right to revise its policies at any time without notice.