Hosting Terms of Service

Last Updated December 24, 2018.

You (“Customer”) agree that it is your responsibility to review this Terms of Use information periodically to familiarize yourself with any modifications, and that your continued use of the hosting services provided by Red Kite Creative LLC (“Red Kite Creative”) after such modifications will constitute agreement to any modified terms and conditions.

1. Description of Services

Red Kite Creative offers Managed WordPress Hosting services through our provider Liquid Web. You are responsible for providing, at your own expense, all equipment necessary to use the services. This includes a computer and Internet access.

2. Registration and Customer Information

You must register for our services through our website and will be required to use a credit card for monthly recurring payments. By registering, you agree that all the information you submit is accurate and agree that it is your responsibility to maintain current and accurate information on your account administration page. Providing false contact information of any kind may result in the termination of your account, and failing to update your contact address may result in your missing an important announcement or other news.

Please refer to our Privacy Policy for information on how personal and sensitive information is collected and used, and how you can correct, update, or request removal of your data.

2a. Contact

By signing up for our services, you consent to being contacted in regards to your purchased service during, or in regard to any other services you may find useful in the future.

3. Conduct on our Support Helpdesk

You agree to conduct yourself in a respectful, professional manner regardless of the method of communication with us. Specifically, you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, media, or other information — that:

  1. Contains any form of harassment, cursing, threats, or ill will directed towards Red Kite Creative staff or authorized agents;
  2. Clearly infringes on another person’s trade or service mark, patent, or other property right;
  3. Is defamatory or violates another person’s privacy;
  4. Contains any form of reference to sexual acts;
  5. Promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
  6. Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
  7. Improperly exposes trade secrets or other confidential or proprietary information of another person;
  8. Contains malicious code or links to such a website with the intent to disrupt or damage the functioning of redkitecreative.com or our Helpdesk;
  9. Constitutes spam or junk mail or any form of unauthorized advertising;
  10. Impersonates any person or entity, including any of our employees or representatives;
  11. Is otherwise malicious, fraudulent, or may result in retaliation against Red Kite Creative by offended viewers.

You agree that Red Kite Creative reserves the right to suspend or terminate your services with or without prior notice and without liability for violations of conduct. In addition, you acknowledge that Red Kite Creative will cooperate fully with investigations of violations of security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

4. Acceptable Use of Hosting Services

You are responsible for all acts and omissions of your users in connection with receipt or use of the Services. Customer agrees, and will ensure its users agree, to act responsibly and not use the Services for any illegal or unauthorized purpose including, but not limited to:

  1. Hacking, phishing, spamming, identity theft, financial fraud, e-mail spoofing, virus distribution, network attacks, pirating software, harassment, using malware, spyware, copyrighted infringement under the Digital Millennium Copyright Act (“DMCA”), trademark infringement, sharing illegal software, and any unauthorized use of images, internet accounts or computers or any activity that would violate the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003.
  2. For the purposes of Acceptable Use, the term Spamming includes, but is not limited to: (i) sending unsolicited outbound bulk email regardless of the content; (ii) Junk mail; (iii) unsolicited commercial email; (iv) unsolicited instant messaging; (v) unsolicited mobile phone messaging advertising; (vi) email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner and (vii) mailing lists without closed-loop (“Confirmed Opt-in”), subscription confirmation without retained messages and/or unsubscribe links.
  3. Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
  4. Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network.
  5. Intentionally or recklessly introducing any virus or other contaminating code into the hosted environment.
  6. Collecting or using information, including email addresses, screen names or other identifiers, by deceit, (such as, phishing, Internet scamming, password robbery, spidering, and harvesting).
  7. Use of any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting.
  8. Distributing software that covertly gathers or transmits information about a user.
  9. Any activity intended to withhold or cloak identity or contact information, including the omission, deletion, and forgery or misreporting of any transmission or identification information, such as return mailing and IP addresses.
  10. Interference with service to any user of the hosted environment including, without limitation, mail bombing, flooding, or deliberate attempts to overload a system and broadcast attacks.
  11. Any action that directly or indirectly results in any of Red Kite Creative’s IP space being listed on any abuse database (i.e. Spamhaus).
  12. Conducting any gambling activity.
  13. Distribution or any other use of copyrighted material not owned by Customer or Customer’s end-user.
  14. Any action that is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to our host.
  15. Content that incites violence, threatens violence, is excessively violent, or contains harassing content or hate speech.
  16. Any action that results in Customer’s official listing on the Register of Known Spam Operations (ROKSO) database maintained at https://www.spamhaus.org/rokso/
  17. Use of public proxies, Internet Relay Chat (IRC), or any application layer protocol when utilized to mask activities defined as malicious within these terms.

Users who violate systems or network security will have their account terminated and may incur criminal or civil liability.

You also agree that we may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system or other customers’ data that is stored on the same system.

5. Termination for Violation of Acceptable Use of Hosting Services

Red Kite has the right to investigate potential violations of Acceptable Use. If Red Kite Creative determines that a breach has occurred, then Red Kite Creative may, in its sole discretion:

  1. Restrict Customer’s and its users’ access to the Services;
  2. Remove or require removal of any offending Content;
  3. Terminate the hosting account;
  4. Exercise any other rights and remedies it may have, at law or in equity.

Except in an emergency or as may otherwise be required by law, before undertaking these actions Red Kite Creative will attempt to notify Customer by any reasonably practical means under the circumstances, such as, without limitation, by telephone or e-mail. Customer will promptly notify Red Kite Creative of any event or circumstance related to this Agreement, Customer’s or any user’s use of the Services, or content of which Customer becomes aware, that could lead to a claim or demand against Red Kite Creative, and Customer will provide all relevant information relating to such event or circumstance to Red Kite Creative at Red Kite Creative’s request.

6. Intellectual Property

For purposes of these Terms of Use, “content” is defined as any information, data, communications, software, photos, video, graphics, and other material that can be viewed by users on our website. This includes chat, forums, blog comments and any other original content on this website.

By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, or other proprietary rights and laws, and is the sole property of Red Kite Creative and its affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties as well as termination of your account.

All custom graphics, icons, logos and service names are registered trademarks or service marks of Red Kite Creative or its affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Red Kite Creative or its affiliates.

7. Hosting Support Requests

Support requests must be submitted through the support helpdesk at https://www.redkitecreative.com/support-requests/ or via email to support@redkitecreative.com in order for us to manage tickets in an efficient and trackable manner.

Emergency support – during business hours emergency support requests are $115/hr. After hours (if available) the hourly rate is $172.50.

8. Cancellation and Refunds

Customers may cancel their monthly hosting service at any time by contacting Red Kite Creative. Refunds will be prorated on the basis of any unused time in that specific month.

Only first-time accounts are eligible for a refund. For example, if you have had an account with us before, cancelled and signed up again, you will not be eligible for a refund.

Violations of the Terms of Use will waive the refund policy.

Cancelled accounts will be removed from our hosting services immediately. Make arrangements to move your site to new hosting prior to requesting cancellation.

9. Disclaimer of Warranties

  1. RED KITE CREATIVE DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, INCLUDING IMPLIED TERMS CONDITIONS OR WARRANTIES RELATING TO SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. ALL SERVICES PROVIDED BY RED KITE CREATIVE ARE ON AN “AS IS” BASIS AND RED KITE CREATIVE MAKES NO WARRANTIES OF ANY KIND WITH REGARD TO THE PROVISION OF SUCH SERVICES.

10. Limitation of Liability

EXCEPT AS OTHERWISE PROVIDED IN AN APPLICABLE SERVICE LEVEL AGREEMENT, RED KITE CREATIVE’S LIABILITY TO CUSTOMER SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM. FOR REMOTE MANAGEMENT OF CUSTOMER’S ENVIRONMENT AND/OR RED KITE CREATIVE CLOUD SERVICES, THE TOTAL LIABILITY OF RED KITE CREATIVE FOR THE PERFORMANCE OR NONPERFORMANCE OF ITS OBLIGATIONS SHALL NOT EXCEED AN AMOUNT EQUAL TO THE MOST RECENT SIX MONTH’S BASE CHARGE FOR THE SERVICE (S) THAT IS THE BASIS FOR THE PARTICULAR CLAIM. RED KITE CREATIVE WILL NOT, IN ANY EVENT, BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUES, LOST OR DAMAGED DATA, AND LOSS OF BUSINESS OPPORTUNITY), HOWEVER CAUSED, ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT OR SERVICE, OR IN ANY WAY CONNECTED TO THESE TERMS OF SALE, EVEN IF RED KITE CREATIVE HAS BEEN ADVISED OF SUCH DAMAGES AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, INFRINGEMENT OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY, CONTRIBUTION, OR OTHERWISE.

11. Indemnification

On request by us, you agree that you shall defend, indemnify, save and hold Red Kite Creative harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Red Kite Creative, its agents, its customers, officers and employees, that may arise or result from your use or misuse of this website and our services.

You agree to defend, indemnify, and hold harmless v against liabilities arising out of any injury to person or property caused by (1) any products or services sold or otherwise distributed in connection with Red Kite Creative’s service; (2) any material supplied by you that infringes on the property rights of a third party, including, but not limited to infringement of copyright, trademark, or trade secrets; and (3) any claim, suit, penalty, tax, or tariff arising from your use of Internet electronic commerce.

12. Payments

Payments are billed automatically to your credit card on a monthly recurring basis. It is your responsibility to keep credit card and other account information up to date on your account administration page.

Payments that are not able to be processed must be made within 10 days or the account will be temporarily suspended. We will attempt to recharge your card automatically. Once payment is made successfully the suspension will be removed.

13. Security and Passwords

You are responsible for ensuring that others do not gain access to your password and account. Our support techs will never ask for your password. You may not share or transfer your account to anyone, and we reserve the right to immediately terminate your account if you do to.

14. Confidential Information

Information designated as confidential by either Red Kite Creative or Customer, whether before or after the effective date of these Terms of Service shall be held in strict confidence and used only for purposes of these Terms of Service. Except as required by law, no Confidential Information shall be disclosed without the prior written consent of the party designating the information as confidential. If either party is legally required to disclose any confidential information of the other party, the party so required shall notify the other party immediately and shall cooperate in seeking a reasonable protective order. This Section shall not apply to information, which is (i) in the public domain, (ii) already known to the recipient, (iii) developed independently or (iv) received from a third party without similar restriction and without breach of this or a similar agreement.

15. Severability

If any provision of these Terms of Service is unenforceable as a matter of law, all other provisions will remain in effect.

16. Governing Law

The laws of the State of Colorado, US, without reference to conflict of law provisions, will govern the validity of this Terms of Use agreement, the construction of its terms and the interpretation of the rights and duties of the parties involved.  Unless waived by Red Kite Creative (which it may do in its sole discretion) the exclusive jurisdiction and venue of any action with respect to the subject matter of this Terms of Use agreement shall be Colorado, US, and you agree to this waiving any objections on the basis of venue, jurisdiction or inconvenient forum.

17. Contact Information

Red Kite Creative LLC
Box 272245
Fort Collins, CO 80527