Terms & Conditions
By ordering our services in any way you are agreeing to be bound by our terms and conditions below.
Policy and Service Guidelines
We want to provide the best possible service to our customers and to do so, we have to set forth some guidelines for everyone to follow. These terms and conditions override any email, chat session, or contact of any kind with any Red Spot Design personnel. This Registration Agreement (“Agreement”) also sets forth the terms and conditions of your use of Red Spot Design Website Design and Hosting Services.
All services provided by Red Spot Design may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Red Spot Design from any claims resulting from the use of the service which damages the subscriber or any other party.
Pornography and sex-related merchandising and material is prohibited on all sites hosted or designed by Red Spot Design. This includes sites that may infer sexual content, or links to adult content elsewhere. If you host non-adult related content with us and then host adult related sites somewhere else, this is also prohibited and we can not allow someone to host on our server that would host pornography elsewhere. If we find out that you are hosting adult material elsewhere, we will be forced to remove your site (even if it does not have adult material on it) from our servers because we feel that it would be just a matter of time before you would either try to put that on our servers or place a link to it. Red Spot Design will be the sole arbiter in determining violations of this provision.
If pornography is found on our server, the offending domain will be deleted immediately with no warning and no refunds of money will be given. NO links to any pornography or sex related sites are tolerated and your site will immediately be removed without refund.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to Red Spot Design servers or any other server on the internet. Links to such materials are also prohibited. No warez, illegal MP3 downloads or gaming sites.
Examples of unacceptable content or links:
Hacker / Cracker programs or archives
Red Spot Design will be the sole arbiter as to what constitutes a violation of this provision.
Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double optin” will be treated as spam. Any user who sends out spam will have their account terminated without notice.
Red Spot Design reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. Red Spot Design also reserves the right to make any such modifications in an emergency at our sole discretion.
Red Spot Design reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of Red Spot Design All rights reserved.
Backups and Data Loss
Your use of the service is at your sole risk. Red Spot Design is not responsible for files and 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 Spot Design servers.
Red Spot Design reserves the right to cancel the account at any time.
Customers may cancel at any time. Red Spot Design gives you an unconditional 30 day money back guarantee on our hosting solution’s. Refund requests after 30 days will be refunded on a prorated basis of any unused time.
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
Users may not initiate the following:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e)Run any bit torrent
f) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc
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.
Mailing Policy and Limits
Limitation of Liability (Hosting)
There is a 200 hourly pop email limit per domain this limit is also applied towards mailman. If you send over this amount in any hour most of the e-mails will bounce back with a undeliverable error.
Many of our servers have a 60 pop checks per hour limit per email address. If you go over this you’re likely to get a wrong password error message saying login incorrect. Just wait an hour and it will automatically unlock you. to prevent this from happening again make sure to disable auto checking or at least set it to something higher such as 10 minutes.
Any mailing list larger than 5,000 will require a semi dedicated or dedicated hosting solution from us. Note: dividing one large list into smaller lists to get below this limit is not allowed.
Mailing Lists Rules
1. Anytime you’re sending a message no matter how large your e-mail list is you must throttle it. We recommend you throttle it to at the very least sending 1 email every 6 seconds. If the mailing list software you’re using does not allow you to throttle you must switch to something else. We recommend phplist which can be found in your control panel under fantastico. If you do not throttle and you try sending let’s say 500 emails the server will try sending all 500 in 1 second which is not possible. This will cause the server load to go very high and for the entire server to be sluggish until this process is completed. It is our job to keep the server up and running without being sluggish. Anyone who causes the servers load to go high will be suspended and the process will be terminated. If you choose not to throttle you will most likely be suspended for crashing the server.
2. Any mailing list over 900 emails is only allowed to be sent to during off-peak times to prevent high server loads. Off peak times qualify as all day Saturday and Sunday, and 1am – 8 am eastern time M-F.
3. You are not allowed to mail to a mailing list you were given or purchased. This is spamming because they never agreed to you personally sending them mail. We do not care and how you justify it this is spam and will result in termination of the offending account.
4. Any unsolicited e-mail being sent will result in termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail.
You agree to defend, indemnify and hold harmless Red Spot Design and the directors, officers, employees and agents of each of them, for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand related to your domain name or the use thereof. This indemnification is in addition to any indemnification required under the Dispute Policy. We do not own your domain name nor do we want to and we do not claim ownership of your content. It is completely yours. All content on your web site is considered a publication of yours and we are not to be held responsible for anything you present on the web through your domain in any way.
Limitation of Liability (Hosting)
Red Spot Design shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Red Spot Design’s servers going off-line or being unavailable for any reason whatsoever. Further, Red Spot Design shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Red Spot Design’s servers. All damages shall be limited to the immediate termination of your service. We will always do our best to keep things running smoothly and to ensure that your web experience is the best. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your Account Number, Password or security authentication; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this agreement; (6) loss or liability relating to the deletion of or failure to store e-mail messages; (7) loss or liability resulting from the development or interruption of your Web site; (8) loss or liability from your inability to use our mail service; or (9) loss or liability from the use of our mail service; or (10) loss or liability that you may incur in connection with our processing of your application for our services.
Refusal of Service
Red Spot Design shall be the sole arbiter of what is and is not a violation of these acceptable use policies. Red Spot Design reserves the right to terminate any account at any time and for any reason. Red Spot Design reserves the right to delete all content and files upon termination. Red Spot Design reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. Red Spot Design reserves the right to refuse, cancel, or suspend service at our sole discretion.
In the event that any provision of this Agreement is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of this Agreement. Red Spot Design may amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Red Spot Design as reflected in the original provision.
Red Spot Design reserves the right to change the Terms and Conditions without prior notice or warning. Non-enforcement of any part of the Terms and Conditions does not constitute consent.
In the event of a dispute, Client agrees that Red Spot Design’s liability will not exceed the entire value of the Contract. Client further agrees that any disputes under the Contract will be resolved in Denton County, Texas. Furthermore, Client consents to Texas jurisdiction.
These Terms and Conditions supersede all previous representations, understandings, contracts or Contracts. The payment of a retainer or deposit constitutes Contract to and acceptance of these terms and conditions. Payment online is an acceptance of these terms and conditions. Any failure of any portion of our terms, will not prevent the balance of terms from being enforced.
Payment of the retainer or deposit for the project is an acceptance of our terms and conditions.
Failure to follow any term or condition will be grounds for immediate shut down