Legal & Policies

1. Acceptable Use Policy

1.1 Purpose and Scope

This Acceptable Use Policy (“AUP”) protects our customers, networks, systems, personnel, vendors, and the broader Internet community. It applies to all use of the Services, including use by a customer’s employees, contractors, end users, and other persons the customer permits to access the Services. Customers are responsible for activity occurring through their accounts and systems.

1.2 Compliance with Law

You may not use the Services to violate applicable law, regulation, court order, or legally binding governmental requirement, or to facilitate, encourage, or assist unlawful conduct.

1.3 Prohibited Content and Business Activities

You may not use the Services to host, distribute, promote, operate, or materially support: illegal content or services; gambling or wagering businesses or services; cryptocurrency mining; political campaign, political advocacy, or partisan political content or operations; firearms-related businesses or commercial activities; cannabis businesses or commercial activities; content that sexually exploits or abuses children; non-consensual intimate imagery; content that unlawfully infringes intellectual property, privacy, publicity, or other rights; or other activities that we reasonably determine create material legal, security, operational, or reputational risk to our Services or infrastructure.

1.4 Security and Network Abuse

You may not conduct or facilitate unauthorized access, credential theft, phishing, malware distribution, ransomware, denial-of-service attacks, botnet activity, vulnerability exploitation, port scanning without authorization, packet spoofing, interception of communications, circumvention of security controls, or other activity intended to compromise, disrupt, probe, or misuse systems, networks, accounts, or data.

1.5 Email and Messaging

The Services may not be used for unsolicited bulk email, mass-market email, spam, purchased or rented mailing lists, address harvesting, deceptive messaging, or sending commercial messages without legally sufficient consent. Customers sending permitted transactional or limited commercial email must comply with applicable law, maintain appropriate consent and suppression records, provide required opt-out mechanisms, and promptly honor opt-out requests.

1.6 Resource and Platform Abuse

You may not use shared or managed resources in a manner that materially degrades service for others, attempts to evade usage limits, interferes with monitoring, consumes resources for purposes inconsistent with the contracted Service, or creates unreasonable operational or security risk. We may require remediation, rate-limit activity, isolate systems, or suspend affected Services when reasonably necessary to protect systems or users.

1.7 Intellectual Property Complaints

We may investigate properly submitted claims of copyright, trademark, or other intellectual-property infringement and may remove or disable access to allegedly infringing material when required by law or reasonably appropriate. Repeat infringement may result in suspension or termination.

1.8 Investigations, Cooperation, and Enforcement

We may investigate suspected violations, preserve relevant information, require corrective action, and cooperate with lawful requests from courts, regulators, and law-enforcement authorities. Depending on severity and urgency, we may warn the customer, block traffic, remove or disable content, isolate systems, suspend Services, or terminate Services. We may act without advance notice when reasonably necessary to address an emergency, security threat, legal obligation, or material risk to our infrastructure or others.

1.9 Reporting Abuse

Reports of suspected abuse should be sent to legal@redapplemedia.com with sufficient information for us to identify and investigate the issue.

2. Terms of Service

2.1 Contracting Entity and Trade Names

The Services are provided by dk Holdings, a partnership, doing business under the trade names Red Apple Media and dotCOM host. These trade names are not separate legal entities. References to Red Apple Media, dotCOM host, dk Holdings, “we,” “us,” or “our” refer to the same contracting partnership unless a signed agreement expressly states otherwise.

2.2 Eligibility and Authority

You represent that you have legal capacity to enter into these Terms and, if acting for an organization, authority to bind that organization. You are responsible for providing accurate account, billing, and contact information and keeping it current.

2.3 Services, Orders, and Scope

Services may include managed infrastructure, hosting, cloud and dedicated systems, website and application operations, storage, backups, content delivery, video services, technical operations, advisory services, migrations, and related services. The specific scope, configuration, fees, and service levels may be stated in an order, proposal, statement of work, service agreement, or other written contract. Services outside the agreed scope may require additional fees.

2.4 Customer Responsibilities

You are responsible for your users, content, applications, software licenses, legal compliance, credentials, configurations under your control, timely cooperation, and providing information reasonably needed to deliver the Services. You must use reasonable security practices and promptly notify us of suspected compromise or unauthorized use.

2.5 Fees, Billing, and Taxes

Services may be billed monthly, quarterly, or annually as specified in the applicable order or agreement. You must pay fees when due and are responsible for applicable taxes, duties, and governmental charges other than taxes based on our net income. We may suspend Services for overdue amounts after any notice or cure period required by the applicable agreement or law.

2.6 Cancellation and Refunds

You may cancel Services by providing at least thirty (30) days’ notice unless a signed agreement provides otherwise. Cancellation does not entitle you to a refund or credit for unused portions of prepaid monthly, quarterly, annual, or other service periods. Charges accrued through the effective cancellation date remain due.

2.7 Acceptable Use

You and your users must comply with the AUP above. A material AUP violation is a material breach of these Terms.

2.8 Customer Content and Data

As between you and us, you retain your rights in content and data you provide, host, transmit, store, or process through the Services (“Customer Data”). You grant us and our service providers the limited rights necessary to host, transmit, process, copy, back up, secure, troubleshoot, and otherwise handle Customer Data to provide, maintain, protect, and improve the Services and comply with law.

2.9 Security

We use reasonable administrative, technical, and organizational measures appropriate to the nature of the Services. No system or transmission method is completely secure, and we do not guarantee that security incidents will never occur. Security responsibilities may be shared between us and the customer and may be further described in the applicable contract.

2.10 Backups and Data Loss

Backup services are provided only when included in the applicable contract or service description. Regardless of whether we provide backups, the customer is ultimately responsible for maintaining current, tested, independent backups of Customer Data and configurations sufficient for the customer’s business-continuity and recovery needs. Unless expressly stated in a signed agreement, we do not warrant that any backup will be complete, error-free, available, or capable of restoring all data.

2.11 Service Level Agreement — 99.99% Uptime Commitment

For Services expressly covered by this SLA, we commit to 99.99% monthly uptime, measured per covered Service. “Downtime” means a period during which the covered Service is unavailable due to a failure within infrastructure under our operational control, as reasonably determined from our monitoring and records.

Downtime excludes scheduled maintenance; emergency maintenance reasonably necessary to protect systems or users; customer acts or omissions; customer software, code, content, configurations, credentials, or equipment; failures of third-party services, networks, utilities, Internet routes, or providers outside our reasonable control; DDoS or other attacks beyond contracted mitigation capabilities; force majeure events; suspension or restriction permitted under these Terms or the AUP; and beta, trial, complimentary, or otherwise excluded Services.

To receive a credit, the customer must submit a written claim to legal@redapplemedia.com within thirty (30) days after the incident, identify the affected Service and dates and times of claimed Downtime, and provide reasonably requested information. Approved credits are applied to future invoices, are not cash refunds, are capped at fifty percent (50%) of the monthly recurring fee for the affected Service for the applicable month, and are the customer’s sole and exclusive monetary remedy for failure to meet this SLA.

2.12 Maintenance and Changes

We may perform scheduled and emergency maintenance and may modify infrastructure, providers, configurations, and technical methods when reasonably necessary to operate, secure, support, or improve the Services, provided we do not materially reduce contracted functionality without appropriate notice or remedy required by the applicable agreement.

2.13 Third-Party Services

The Services may depend on third-party networks, data centers, cloud platforms, software, registries, telecommunications providers, payment processors, or other vendors. Third-party products and services may be governed by separate terms. We are not responsible for failures or acts of third parties outside our reasonable control.

2.14 Suspension and Termination

We may suspend or restrict Services for material breach, nonpayment, AUP violations, security threats, legal requirements, fraud, or conduct creating material risk to systems or others. We may act immediately where reasonably necessary and otherwise will provide notice when practicable. Either party may terminate as provided in the applicable agreement and these Terms.

2.15 Data Return and Deletion

Before termination becomes effective, customers should retrieve Customer Data and make arrangements for transition. After termination, we may delete Customer Data in accordance with our operational practices, legal obligations, contracts, and backup-retention cycles. We are not obligated to retain Customer Data after termination except as expressly agreed in writing or required by law.

2.16 Confidentiality

Each party may receive non-public information that should reasonably be understood as confidential. The receiving party will use such information only for the relationship, protect it using reasonable care, and disclose it only to personnel, contractors, advisers, and providers with a need to know and appropriate confidentiality obligations, or as required by law. Confidential information excludes information that is public without breach, already lawfully known, independently developed, or lawfully received without confidentiality restriction.

2.17 Intellectual Property

Except for Customer Data and rights expressly granted in writing, we retain all rights in our technology, systems, configurations, documentation, methods, tools, know-how, trademarks, and other intellectual property. No implied licenses are granted.

2.18 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN A SIGNED AGREEMENT OR THE SLA ABOVE, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR SUITABLE FOR EVERY CUSTOMER PURPOSE.

2.19 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITIES, OR DATA, ARISING FROM OR RELATED TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR AMOUNTS THAT CANNOT LAWFULLY BE LIMITED AND ANY DIFFERENT LIMIT STATED IN A SIGNED AGREEMENT, OUR AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE SERVICES WILL NOT EXCEED THE FEES PAID OR PAYABLE BY THE CUSTOMER FOR THE AFFECTED SERVICES DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

2.20 Indemnification

You will defend, indemnify, and hold harmless dk Holdings, its trade names, partners, personnel, contractors, and providers from third-party claims, damages, losses, liabilities, costs, and reasonable legal fees arising from Customer Data, your or your users’ violation of law or the AUP, your infringement or misappropriation of third-party rights, or your material breach of these Terms, except to the extent caused by our own breach, gross negligence, or willful misconduct.

2.21 Force Majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, labor disruptions, governmental actions, widespread Internet or telecommunications failures, utility failures, epidemics, pandemics, and extraordinary cyberattacks, provided the affected party uses reasonable efforts to mitigate the effects.

2.22 Governing Law and Venue

These Terms and disputes arising from or related to them are governed by the laws of the State of Washington, without regard to conflict-of-laws principles. Unless a signed agreement provides otherwise, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Washington State that have subject-matter jurisdiction over the dispute.

2.23 Notices

Legal notices to us must be sent to legal@redapplemedia.com. Notices to customers may be sent to the email or contact information associated with the customer account or by another method stated in the applicable agreement.

2.24 Assignment

You may not assign these Terms or transfer Services without our prior written consent, except as otherwise stated in a signed agreement. We may assign these Terms in connection with a merger, reorganization, sale of substantially all relevant assets, or transfer of the business or Services.

2.25 Changes, Severability, Waiver, and Entire Agreement

We may update these policies from time to time. Material changes will be posted with an updated effective date and, when required by law or contract, additional notice. If a provision is unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions remain effective. Failure to enforce a provision is not a waiver. These Terms, the AUP, Privacy & Cookie Policy, applicable orders, and signed agreements constitute the agreement concerning the Services, subject to the order-of-precedence rule stated above.

3. Privacy & Cookie Policy

3.1 Scope

This Privacy & Cookie Policy explains how dk Holdings, doing business as Red Apple Media and dotCOM host, handles personal data in connection with our websites, business relationships, support, infrastructure, hosting, and related Services. It also describes our roles when processing personal data for customers.

3.2 Our Roles: Controller and Processor

We act as a data controller when we determine why and how personal data is processed for our own business purposes, such as managing customer relationships, billing, security, legal compliance, and website communications. We generally act as a data processor or service provider when we process personal data contained in Customer Data on behalf of a customer and according to that customer’s instructions. Customers are responsible for determining their own legal obligations as controllers or businesses and for providing required notices and obtaining required permissions.

3.3 Personal Data We Collect

Depending on the relationship and Services used, we may collect: names, business contact information, account credentials and identifiers; billing, transaction, and payment-related information (payment card data may be handled by payment providers rather than stored by us); service orders and contract information; support requests and communications; technical information such as IP addresses, device and browser information, DNS and network data, security events, authentication records, and server and service logs; usage and operational data needed to provide, secure, troubleshoot, and improve Services; and Customer Data processed through hosted systems and Services.

3.4 How We Use Personal Data

We use personal data to provide and manage Services; authenticate users; communicate with customers and prospects; process billing and payments; provide support; monitor availability, performance, abuse, and security; prevent fraud and misuse; troubleshoot and improve Services; manage vendors; comply with law and lawful requests; establish, exercise, or defend legal claims; and protect our rights, customers, systems, and others.

3.5 Legal Bases for EU/EEA and UK Processing

Where GDPR or UK GDPR applies and we act as controller, our legal bases may include performance of a contract or steps requested before entering a contract; compliance with legal obligations; our legitimate interests in operating, securing, supporting, and improving our business and Services, preventing fraud and abuse, and managing customer relationships, balanced against affected individuals’ rights; and consent where consent is required. We do not rely on consent when another legal basis is more appropriate.

3.6 Disclosures of Personal Data

We may disclose personal data to infrastructure, data-center, cloud, network, telecommunications, software, security, professional-service, payment, and other providers that help us operate the business and Services; to customers when we process data on their behalf; in connection with a merger, acquisition, financing, restructuring, sale of assets, or similar transaction; when required by law, legal process, or lawful governmental request; and when reasonably necessary to protect rights, safety, security, systems, customers, or the public. We do not sell personal data for money and do not use personal data for cross-context behavioral advertising.

3.7 Subprocessors and Data Processing Agreements

When we process personal data on behalf of a customer, we may use subprocessors to provide infrastructure and supporting services. We require appropriate contractual protections consistent with applicable law and the nature of processing. Customers subject to GDPR, UK GDPR, or other laws requiring processor terms may request a Data Processing Agreement (“DPA”) by contacting legal@redapplemedia.com. Where legally required, our DPA may address processing instructions, confidentiality, security, subprocessors, assistance with data-subject requests, incident notification, deletion or return, audits, and international-transfer mechanisms.

3.8 International Data Transfers

We are based in the United States and may process personal data in the United States and other countries where we or our providers operate. Where GDPR, UK GDPR, or other law requires a transfer mechanism, we use appropriate safeguards such as adequacy decisions, applicable Standard Contractual Clauses, the UK International Data Transfer Addendum or other approved mechanisms, together with supplementary measures where appropriate.

3.9 Data Retention

We retain personal data for as long as reasonably necessary for the purposes described in this Policy, including to provide Services, maintain business and security records, comply with legal and contractual obligations, resolve disputes, and enforce agreements. Retention periods vary based on data type, contractual requirements, legal obligations, security needs, and backup cycles. Customer Data processed as a processor is retained and deleted according to customer instructions, applicable agreements, legal obligations, and operational backup cycles.

3.10 Security

We use reasonable administrative, technical, and organizational safeguards appropriate to the nature of the personal data and Services. Measures may include access controls, authentication, logging, monitoring, network and system protections, encryption where appropriate, vulnerability and patch management, backups when contracted, and incident-response procedures. No security measure eliminates all risk.

3.11 Website Analytics, Advertising, and Cookies

We do not use website analytics services, advertising pixels, or behavioral advertising technologies on the Red Apple Media website. We do not use cookies to profile visitors or track them across unrelated websites for advertising.

Our websites and Services may use strictly necessary cookies or similar technologies required for security, session management, authentication, preferences, load balancing, forms, or other functionality requested by the user. Because these technologies are necessary to provide requested functionality, consent may not be required under applicable law. If we introduce non-essential analytics, advertising, or similar technologies, we will update this Policy and implement consent or choice mechanisms where required.

3.12 Your Privacy Rights

Depending on where you live and applicable law, you may have rights to request access to personal data; correction of inaccurate data; deletion; restriction of processing; objection to processing based on legitimate interests; data portability; withdrawal of consent where processing is based on consent; and information about processing and recipients. Some laws also provide rights to opt out of sale, targeted advertising, or certain profiling. We do not sell personal data or use it for targeted behavioral advertising as described above.

To exercise a privacy right relating to data for which we are controller, contact legal@redapplemedia.com. We may need to verify identity and authority. We will respond within the period required by applicable law. If your request concerns Customer Data we process for a customer, we may direct you to that customer or assist the customer as required by contract and law.

3.13 EU/EEA and UK Complaints

Individuals in the EU/EEA may lodge a complaint with the data-protection supervisory authority in their country of residence, place of work, or place of the alleged infringement. Individuals in the UK may complain to the UK Information Commissioner’s Office. We encourage you to contact us first so we can try to address your concern.

3.14 U.S. State Privacy Rights

Residents of certain U.S. states may have additional rights under applicable state privacy laws. We will honor valid requests to the extent required by law. We do not discriminate against individuals for exercising legally protected privacy rights. Because we do not sell personal data or use it for cross-context behavioral advertising, opt-out rights relating solely to those activities may not apply to our current practices.

3.15 Consumer Health Data

Our websites and general business operations are not designed to collect consumer health data. Customers must not use the Services to process regulated health data unless the applicable service agreement expressly permits that processing and all required legal, contractual, and security arrangements are in place. If our practices change in a manner that requires a separate consumer-health-data privacy notice under applicable law, we will provide such notice.

3.16 Children’s Privacy

Our websites and Services are directed to businesses and adults and are not intended for children. We do not knowingly collect personal data directly from children through our website. If you believe a child has provided personal data to us without appropriate authorization, contact us.

3.17 Changes to This Policy

We may update this Privacy & Cookie Policy to reflect changes in our Services, practices, technology, or legal requirements. We will post the revised Policy with an updated effective date and provide additional notice when required.

3.18 Contact

For legal, privacy, data-protection, or policy questions and requests, contact: legal@redapplemedia.com.