Note: This Service Agreement and Acceptable Use Policy governs the use of all the hosting services, hosting solutions, cloud services, and other offerings made available by RdyToGo and our hosting partner, Liquid Web LLC.
This Service Agreement and Acceptable Use Policy (Service Agreement/AUP) is between:
Both parties agree to all terms, conditions, definitions, disclosures, and disclaimers of the Service Agreement/AUP.
If You do not agree, You must discontinue Your use of our hosting service or solution.
This Service Agreement/AUP is made effective as of the date of You subscribed to one of our hosting services or solutions (Hosting Services) or the date of electronic acceptance.
The purpose of this Service Agreement/AUP is to set forth guidelines for the expected conduct of users of the Hosting Services and the types of actions and content that are contrary to RdyToGo’s mission and philosophies. This Service Agreement/AUP is intended to protect the Hosting Services, employees and customers of RdyToGo, and end users from improper, inappropriate, abusive or illegal activity. RdyToGo may suspend or terminate your right to access and use the Hosting Services if, in its sole determination, it believes you have violated this Service Agreement/AUP.
We are not selling or bundling any products or goods with the Hosting Services.
We may, in Our sole and absolute discretion, change or modify this AUP, and any policies which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to Our Website. Your use of Our Website or the our Hosting Services after such changes or modifications have been made shall constitute your acceptance of this Service Agreement/AUP as last revised. If you do not agree to be bound by this Service Agreement/AUP as last revised, do not use (or continue to use) Our Website or the Hosting Services. In addition, We may occasionally notify you of changes or modifications to this AUP by email. It is therefore very important that you keep the information in your account with Us (Account) current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address. In addition, We may terminate Your use of Hosting Services for any violation or breach of any of the terms of this Service Agreement/AUP by You. WE RESERVE THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF OUR WEBSITE OR THE HOSTING SERVICES, INCLUDING WITHOUT LIMITATION PRICES AND FEES FOR THE SAME, AT ANY TIME.
Below is a list of definitions used in this Service Agreement/AUP and any of the Service Agreement/AUP’s attachments, annexes, or schedules.
You are responsible for your activities and those of your Users and will abide by this Service Agreement/AUP. The Hosting Services shall be used solely for legitimate business and commercial purposes, and you shall not use the Hosting Services for activities which, in Our sole discretion, may be Inappropriate or in a manner that interferes with or adversely affects the Hosting Services or use of the Hosting Services (including deliberate attempts to overload a system and broadcast attacks) or that would expose Us to criminal or civil liability. Some examples of prohibited activities follow, but this is not an exhaustive list. You and your Users agree not to use the Hosting Services for:
In addition, You and your Users must comply with all applicable laws, rules and regulations related to your use of the Hosting Services, specifically including data protection and privacy laws, as well as laws relating to unsolicited commercial electronic messages.
We reserve the right at all times to investigate any actual, suspected, or alleged violations of this Service Agreement/AUP. You shall reasonably cooperate with Us in investigating and correcting any actual or alleged breach of this Service Agreement/AUP by Yourself of any User. We further reserve the right to cooperate with legal authorities and Third-Parties in investigating any alleged violations of this Service Agreement/AUP, including disclosing the identity or of any User that We believe is responsible for such violation. We may implement technical mechanisms to prevent Service Agreement/AUP violations.
Nothing in this Service Agreement/AUP shall limit Our rights and remedies at law or in equity that may be available.
If We, in Our sole discretion, reasonably believe that You or Your Users violated this Service Agreement/AUP, We may suspend your Hosting Services without prior notice, terminate your agreement with Us, and/or block any traffic that We reasonably believe is in violation of this Service Agreement/AUP.
In addition to any other remedy We may have, we may charge you Our standard hourly rate together with Our reasonable legal fees, and the cost of equipment and material needed to investigate, respond to, and remedy any violations of acceptable use according to this Service Agreement/AUP.
We are under no duty to monitor Your or Your User’s activities, and We disclaim any responsibility for any of Your or Your User’s misuse of the Hosting Services. We have no responsibility for any User or other Third-Party material or information created, stored, maintained, transmitted or accessible on or through the Hosting Services, and are not obligated to monitor or exercise any editorial control over such material. In the event that We become aware that any such material violates this Service Agreement/AUP and/or exposes Us to civil or criminal liability, We may, but are not required to, block access to such material. Unless otherwise stated in this Service Agreement/AUP, We disclaim any obligation to any person who has not entered into an agreement with Us for use of the Hosting Services.
If You become aware of any violation of this Service Agreement/AUP by anyone, including Your Users, you must immediately notify Us using the Abuse Report Form found here.
You will pre-pay for each calendar month of the Hosting Services unless either party terminates the Hosting Services and this Service Agreement/AUP.
Rates are subject to change. If the rate changes, You have the option not to renew the Hosting Services before the rate change affects Your next payment.
You will make all payments with an acceptable form of payment. We will not accept other forms of compensation, such as, but not limited to, referrals, or the trading of products or services.
Both parties consider a payment late if it is received it on any day after the due date.
You agree to pay these additional fees if applicable:
We may choose not to charge a particular fee that is due. If We fail to charge a fee or delay charging a fee, it does not constitute a change in the fees, due dates, or exempt You from the fee or future fees.
The Firebolt Service is made of two types of tasks; (1) Core Tasks and (2) Support Token Tasks.
Tasks that are beyond the scope of this Service Agreement/AUP and are not available in the Hosting Services include but are not limited to:
Except for performing any Inappropriate work, You may contract Us separately to perform these tasks.
We record all work time that each member of Our team spends performing any work that is beyond the scope of this Service Agreement, including, but not limited to, time spent with:
We track time spent performing the work that is beyond the scope by the half-hour increments. We invoice work that is beyond the scope every week. We tally any time accrued during a week and round-up by the nearest half-hour increment. For example, 1h 20m will be tracked as 1.5h.
For both parties’ protection, We may verify that communications between both parties, such as but not limited to, messages, phone calls, or Support Tickets, are not false, forged, or impersonations of You or any of Your staff. If a communication, message, or Support Ticket fails to pass the security review, it may be discarded, and We may inform You.
We verify that a Support Ticket conforms to all the policies listed below. If a Support Ticket fails to pass this policy review, We will mark the Support Ticket as pending or closed depending on the situation and inform You.
There are four ways to terminate the Hosting Services and this Service Agreement/AUP:
We may allow a period of a few days to pass before terminating the Hosting Services.
Upon Termination of the Hosting Services your website(s), email, data, and other services, backups, and software that depended on your Hosting Service may no longer exist. It is Your responsibility to have a backup copy and plan to keep your website(s), email, data, other services, backups and software working and available with a new hosting service provider. You take on full responsibility to handle any of the tasks that We had performed as part of the Hosting Services. You will absolve Us of all liability regarding any part of Your Website or business active immediately. If You make any mistakes or receive any losses, You accept full responsibility. You will indemnify and hold Us harmless to any copyright infringement or abuses, including attorney fees and legal expenses that are incurred from termination onward.
You guarantee, represent, and warrant that all the Content You place on the Hosting Services is owned, copyrighted, or licensed by You. And that You have obtained all waivers, authorizations, and other documentation that may be appropriate to evidence such ownership or licensing. We have the right to require You to show proof of such evidence and make duplicate copies of such evidence for Us to keep at any time. You agree to indemnify and hold harmless Us to any copyright infringement or abuses, including attorney fees and legal expenses that may be the result because of claims by Third-Parties related to such materials.
For clarification, Your Premium Software, Themes, and Plugins are those that You acquired, purchased, licensed, or otherwise provided for use with Your Website. You will not ask Us to pay for or renew the license of any of Your Premium Software, Themes, and Plugins under any circumstance. You will not expect Us to keep Your Premium Software, Themes, and Premium Plugins to be maintained, updated, upgraded, or working if your license to use them has expired.
For clarification, Our Premium Software, Themes, and Plugins are those that We acquired, purchased, licensed, or otherwise provided for use as part of the Hosting Services. You grant us the right to use, and We may make use of Premium Software, Themes, and Plugins. (Example: We often use the WP Rocket plugin to boost a website’s speed and performance.) If We do choose to use Our Premium Software, Themes, and Plugins, We will provide them at no extra cost to You while We are performing the Hosting Services. And We may maintain, activate, deactivate, update, install, uninstall, delete, or upgrade them. Upon termination of the Hosting Services, we will deactivate, uninstall, and delete them (see “Termination” section.)
Due to various causes, both natural and human-made the Hosting Services or Your Website could become unavailable or experience downtime. Third-Parties could cause these outages (see the “Third-Parties” section.)
When you submit a Support Ticket to Us. We will then work to resolve the Support Ticket. If the outage resides with the Hosting Servers, we will contact Liquid Web LLC to resolve the issue for You according to the reseller arrangement we have with them.
You realize that the website may experience downtime or error messages while it is undergoing maintenance. You will allow a reasonable time for maintenance to become complete and the website to be brought online.
The Hosting Services makes use of various services, software, plugins, and code, which include those from Third-Parties. Many of the Third-Parties may have entered into agreements, contracts, or licenses with either party separately.
Both parties will indemnify each other from Third-Parties according to the “Indemnity” section. You will not hold Us responsible for the actions of any Third-Party or for any downtime, outages, or other losses associated with them at any time. You will be solely and entirely responsible for the ongoing use, payment, renewal, support, and maintenance of Your Domain Name, Web Designer, or any other Third-Party.
Both parties will make reasonable efforts to work and cooperate with a Third-Party. You grant Us the right to act on Your behalf while performing the Hosting Services in connection with any Third-Party.
Your agreement with Us grants You limited amounts of computer and Internet resources, such as an Internet connection speed, disk storage space, memory usage, bandwidth, etc. If You meet or exceed the limits stipulated by Your plan, We may temporarily suspend Your account, or other unwanted consequences may arise. We may also suspend or limit resources if Your payment failed or is late.
When these issues with Your plan arise, You will choose how You wish to handle the problem. You may either (1) make changes that lower the usage of these resources, or (2) upgrade the current package or agreement with Us to a plan that has ample resources for Your Website’s needs.
Various governing bodies regulate how both parties store, share, process, use, and disclose-the-use of the personal or private data of their citizens and residents. It is Your obligation and responsibility to learn, understand, and follow these laws. We are not legal counsel and not providing legal advice, and You will not construe us to be legal counsel or as providing legal advice.
We may inform You of the technical requirements that could be required to comply with various laws and regulations. You will not hold Us responsible for Your failure to comply with any part of any statute or regulation under any circumstances; also, You will not require, ask, or expect Us to inform You about compliance with any law or regulation. You will indemnify and hold harmless Us against any legal or financial obligations related to failure to comply with any laws.
While there is no singular law or regulation in the United States about privacy, the following federal and state laws may apply to You; (1) The Americans With Disability Act, (2) The Cable Communications Policy Act of 1984, (3) The Children’s Internet Protection Act of 2001 (updated in 2013), (4) The Computer Fraud and Abuse Act of 1986, (5) The Computer Security Act of 1997, (6) The Consumer Credit Reporting Control Act, (7) The Children’s Online Privacy Protection Act of 1998, and (8) (The State of California) Business and Professions Code. There may be other laws, regulations, and guidelines not mentioned here or new updates to these laws.
Many nations have laws regarding data and privacy. This list is not complete or updated: (1) Australia – Privacy Act of 1988, (2) United Kingdom – Data Protection Act 1998 (or DPA), (3) Canada – Personal Information Protection and Electronic Documents Act, (4) European Union – Data Protection Directive and the GDPR, (5) India – Data Protection section of the Information Technology Act 2000, (6) Singapore – Personal Data Protection Act 2012, (7) Malaysia – Personal Data Protection Act (PDPA) 2013, (8) South Korea – Personal Information Protection Act, and (9) Vietnam – Article 21 of the Law on Information Technology.
The International Laws could affect You if You operate in or conduct business with citizens or companies located in the country where the law is enforced.
If You provide a service (free services included) or conduct business with a citizen or resident of a European country, You may have to comply with the European Union’s General Data Protection Regulation. Informing You of technical requirements that may be required to comply with the GDPR, is beyond the scope of this Service Agreement/AUP and will be billed separately.
We may inform You of the technical requirements of complying with various tax laws and regulations. We do not provide tax services and are not a counsel about taxes. You will not construe Us as tax counsel. You will not construe Us as a legal counsel about taxes. You will indemnify and hold Us harmless against any legal or financial obligations related to failure to comply with any tax laws.
You will pay the amount of any sales, use, excise, or similar taxes applicable to the performance of the Firebolt Service or any other of Our services that you are a recipient of, if any, or, in place of such payment, You will provide Us with a certificate acceptable to the taxing authorities exempting You from payment of such taxes.
Our relationship with You will be an independent contractor. You will not deem any of Our personnel for any purpose to be Your employees. You and Your employees will not hold Us responsible to any governing body for any payroll taxes related to the performance of the Hosting Services or any of Our other services.
It is Your responsibility to learn about and collect the amount of any sales, use, excise, or similar taxes applicable to Your business under the law.
We will use qualified personnel to provide the Hosting Services. You agree that Our franchisees and We reserve the right to make changes in Our personnel, including the use of management, franchisees, staff, owners, employees, subcontractors, Third-Party service providers, interns, or apprentices.
You will allow Us to incorporate Our branding on any product resulting from the Hosting Services or Our other services. Web hyperlink(s) should be placed at the bottom of each webpage on Your Website that promotes Us. We will grant You the right to promote Us by placing hypertext links and badges on other websites and social media networks. You will use one of the appropriate badges or examples as described on Our website or as described in an email message or other communication sent from Us to You.
You grant Us rights to use Your names, trademarks, service marks, symbols, or any abbreviations, without Your prior written consent for the promotion of the Hosting Services or Our other services concerning You.
Both parties agree not at any time or in any manner, either directly or indirectly, to use for their benefit, or divulge, disclose, or communicate in any manner any information that is proprietary to the other party (e.g., trade secrets, know-how, and confidential information). Both parties will protect such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Service Agreement/AUP and Hosting Services. We may seek and obtain injunctive relief against the release or threatened release of such information in addition to any other legal remedies, which may be available.
We do not warrant or guarantee that functions contained in the Hosting Services or any of Our other services will continue to operate and be error-free. You release and hold Us harmless of any liability of damages for lost wages, income savings, or other incidental, consequential, or special damages arising out of the operational errors or malfunctions of the Hosting Services or any of Our other services. Any future notices will not rescind this release.
EXCEPT AS EXPRESSLY OUTLINED IN THIS SERVICE AGREEMENT/AUP, THE PARTIES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE HOSTING SERVICES OR ANY OTHER SERVICE OF OURS, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD-PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY PROVISION OF THE SERVICE AGREEMENT/AUP SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COST OF DELAY OR FAILURE OF DELIVERY, OR LIABILITIES TO THIRD-PARTIES ARISING FROM ANY SOURCE.
Each party agrees to defend, indemnify, and hold harmless the other party and its officers, directors, agents, affiliates, distributors, representatives, and employees from all Third-Party claims, demands, liabilities, costs, and expenses, including reasonable attorney’s fees, costs, and expenses resulting from the indemnifying party’s material breach of any duty, representation, or warrantee under the Service Agreement/AUP or the Hosting Services.
Neither party may assign or transfer the Service Agreement/AUP without the prior written consent of the other party, except that either party may, without the consent of the other, assign the Service Agreement/AUP to a controlled subsidiary of that party or a purchaser of all or substantially all of that party’s assets used in connection with performing the Service Agreement/AUP, provided the assigning party guarantees the performance of and causes the assignee to assume in writing all obligations of the assignor under the Service Agreement/AUP. The rights and obligations of the Service Agreement/AUP shall bind and benefit any successors or assigns of the parties.
In any legal action between the parties concerning the Service Agreement/AUP or the Hosting Services, the prevailing party shall be entitled to recover reasonable attorney fees and costs.
If any provision of the Service Agreement/AUP is held invalid, illegal, or unenforceable, the remaining portions of the Service Agreement/AUP shall remain in full force and effect and construed best to effectuate the original intent and purpose of the Service Agreement/AUP.
The Service Agreement/AUP shall be construed per the internal law of the State of South Carolina and the county of Horry without regard to conflict of laws rules. Venue shall be in a court of competent jurisdiction in the State of South Carolina, Horry County, and both parties expressly consent to jurisdiction in such courts.
You warrant that the representative who signs and executes this Service Agreement on Your behalf holds the authority to sign on Your behalf and You designate them as the Approved Signer for all approvals related to the Hosting Services. This representative will be responsible for all communication with Us and all processes documented in the Service Agreement/AUP.
This Service Agreement/AUP referenced above supersedes all prior agreements and understandings between the parties for the performance of the Hosting Services and constitutes the entire agreement and understanding between the parties.