Please report any violations of the Terms of Service (TOS) to firstname.lastname@example.org
ACCEPTANCE OF TERMS
Red Apple Media provides its service to you, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at this link. In addition, when using particular Red Apple Media services, you and Red Apple Media shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
DESCRIPTION OF SERVICE
You understand and agree that the Service is provided “AS-IS” and that Red Apple Media assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please be aware that Red Apple Media may host certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas or of the legal age as set by your local jurisdiction, which ever age is greater.
Red Apple Media typically performs maintenance to the equipment and software responsible for our Services between 1:00 and 5:00 AM PST, and when necessary because of emergency situations, on an as-needed unscheduled basis. All reasonable efforts are made to require no interruption in Service while maintenance is performed but when such interruptions are necessary, the duration is kept to a minimum whenever possible.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you certify that:
- you will provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”)
- you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete
- you are not currently under the employ, contract or control, or otherwise represent the interests of, an entity who offers competing or similar services to Red Apple Media, including, but not limited to, the hosting of websites, shopping carts and mailing lists.
If you provide any information that is untrue, inaccurate, not current or incomplete, or Red Apple Media has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Red Apple Media has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Red Apple Media maintains the right to seek legal remedy against those who knowingly misrepresent themselves in violation these aforementioned requirements.
You agree that for billing purposes Red Apple Media may automatically bill your credit card for recurring hosting charges. Your billing period establishes the length of your service agreement, the minimum period is one month; charges are billed at the beginning of the service period and then are recurring beginning on the first day of the following month. Red Apple Media will continue billing you for the Service until cancellation is requested by the account holder. Ceasing your use of the Service is not an acceptable notification of cancellation. Red Apple Media may request additional information in order to verify the authenticity of any account changes. Any outstanding balances on the account must be cleared before the account is closed. New billing information may be submitted at any time at the following email@example.com.
Red Apple Media may, at its discretion, suspend hosting accounts within seven days of a declined charge or past-due check payment. This grace period may be eliminated if multiple payments by Customer are made past-due in any twelve-month period and the Service will be subject to immediate shutdown at the discretion of Red Apple Media.
Domain names or SSL secure certificates registered through the Red Apple Media service will not be renewed automatically without the prior written permission of the account holder. All domain and SSL secure certificate registrations must be paid in full before registration and are not refundable once the domain or certificate has been renewed/registered.
Red Apple Media does not resell or use your Registration Data for marketing purposes. All credit card information is encrypted with strong SSL and all methods to retrieve your order information are encrypted. Red Apple Media may contact the account contact for notices regarding service changes or activities affecting the account.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account including those performed by any third party granted access to the Service by you. You agree to:
- immediately notify Red Apple Media of any unauthorized use of your password or account or any other breach of security, and
- ensure that you exit from your account at the end of each session. Red Apple Media cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Red Apple Media, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Red Apple Media does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Red Apple Media be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, threatening, abusive, harassing, tortuous, libelous, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Red Apple Media official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, multi-level marketing, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; the first proven instance of this activity will result in a warning with the second resulting in account termination and forfeiture of any remaining credit with Red Apple Media See the paragraph following this list for additional caveats to this rule;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- upload, post, install or otherwise make available any software, web page, cgi-script or other type of material that does any type of listening or request servicing on the Red Apple Media servers. This includes, but is not limited to, chat room software daemons, any other type of server or daemon, or anything that does more than just service the current request and then exit. This requirement does not apply to dedicated server customers;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; this includes behavior suggesting such activities are being actively planned;
- send mass/bulk mailings through the Red Apple Media outgoing POP/SMTP/IMAP/Webmail mail servers even if lists are double opt-in and fully verified. You may utilize your own mailing software on your shared web space or dedicated server for these mailings. We enforce this rule to be sure a large mailing does not deny service to customer’s e-mail accounts;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- “stalk” or otherwise harass another; or
- collect or store personal data about other users.
You acknowledge that you will not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose or to consumers that have been verified to have opted-in to receiving your message whose purpose is promoting your Content, promoting third party revenue/referral-generating content, and/or services served by Red Apple Media. All commercial non-transactional mailing will include a working opt-out mechanism and opt-out requests will be honored within ten business days. All other additional CAN-SPAM regulations must be met for mailings. The first proven instance of a violation will result in a warning with the second resulting in account termination and forfeiture of any remaining credit with Red Apple Media. Red Apple Media reserves the right to impose an administrative fee for the investigation of excessive abuse complaints to ensure complaints with these Terms of Service. Investigations will require that you produce documentation of how a complainant has “opted-in” to receive your message and on what date. All mailing lists must have “bad” (i.e., “bounced”) member addresses purged regularly.
You acknowledge that Red Apple Media does not pre-screen Content, but that Red Apple Media and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Red Apple Media takes no responsibility for any material created or accessible through the Service. Without limiting the foregoing, Red Apple Media and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Red Apple Media or submitted to Red Apple Media, including without limitation information in Red Apple Media Message Boards, and in all other parts of the Service.
You acknowledge and agree that Red Apple Media may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- comply with legal process;
- enforce the TOS;
- respond to claims that any Content violates the rights of third-parties;
- protect the rights, property, or personal safety of Red Apple Media, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve
- transmissions over various networks;
- changes to conform and adapt to technical requirements of connecting networks or devices.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
PUBLIC CONTENT POSTED TO RED APPLE MEDIA
- For purposes of the TOS, “publicly accessible areas of the Service” are those areas of the Red Apple Media network of properties accessible by the general public. By way of example, a publicly accessible area of the Service would include public Red Apple Media corporate content and Red Apple Media Message Boards, but would NOT include private Red Apple Media communication services such as Red Apple Media mail, shared or dedicated hosting accounts, or areas off of the Red Apple Media network of properties such as portions of World Wide Web sites that are not hosted or served by Red Apple Media.
- With respect to Content you elect to post for inclusion in publicly accessible areas of Red Apple Media websites, including photos or other graphics, you grant Red Apple Media the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting Red Apple Media This license exists only for as long as you elect to continue to include such Content on the Red Apple Media site in question and shall be terminated at the time you delete such Content.
You agree to indemnify and hold Red Apple Media and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Red Apple Media may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, log files, or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Red Apple Media servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Red Apple Media has no responsibility or liability for the deletion, failure to store or failure to receive any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Red Apple Media reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Red Apple Media reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
You agree that if your account at any time exceeds monthly storage allotments, Red Apple Media may charge your account a $5.00 service fee and $10.00 for each 1GB of extra disk space consumed. Monthly transfer overage will be charged, at most, $2.00 per GB of overage but lower rates may be negotiated in 10GB increments.
Red Apple Media reserves the right to block certain IPs, email addresses, domains, or networks that are deemed to have excessive spam originating from them. Red Apple Media uses a number of criteria to determine whether an IP address, email addresses, domain name or network can or should be blocked – from automated tracking of the volume of spam originating from these locations to a large number of requests from our hosting clients who recommend and/or request that all email/spam be completely blocked. When it’s deemed an IP address, email addresses, domain or a network is a nuisance and a source of spam, Red Apple Media may block it without notice to protect the majority of our hosting clients from receiving spam from these locations.
Clients who wish to have unfiltered email service as well as remove any other firewall blocking – contact sales @ redapplemedia.com for special hosting package configuration.
Clients who engage in sending mass mailings and who are reported to us as the source of “spam” agree to cover administrative fee of $5.00 per each offending unsolicited (spam) message. A proof of legitimate opt-in may waive this fee. Repeated complaints about unsolicited spam email originating from any of Red Apple Media servers may result in termination of your hosting account without advance notice.
MODIFICATIONS TO SERVICE
Red Apple Media reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Red Apple Media shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Red Apple Media reserves the right to deny access to the Service in its entirety for accounts in a past-due payment status; this includes the Service itself and any associated support.
You agree that Red Apple Media in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Red Apple Media believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Red Apple Media may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Red Apple Media may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Red Apple Media shall not be liable to you or any third-party for any termination of your access to the Service. These clauses will supplant the agreement outlined in the Red Apple Media Contract. Customers may request the termination of the Service provided to them at any time. Customers under contract may be subject to an early termination charge if provided by the contract. Services from Red Apple Media are normally billed in advance and are non-refundable except in the case of quarterly, semi-annual or annual payments where a pro-rated portion of the pre-payment will be refunded minus any discount that had been provided for the pre-payment. Customers who accumulate multiple past-due invoices will have access to the Service, and the Service itself, terminated. Exceptions to this rule may only be granted by corporate officers of Red Apple Media on a case-by-case basis.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Red Apple Media shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Red Apple Media has no control over such sites and resources, you acknowledge and agree that Red Apple Media is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Red Apple Media shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such site or resource.
RED APPLE MEDIA’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Red Apple Media or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Red Apple Media grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Red Apple Media for use in accessing the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RED APPLE MEDIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- RED APPLE MEDIA MAKES NO WARRANTY THAT
- THE SERVICE WILL MEET YOUR REQUIREMENTS,
- THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
- ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RED APPLE MEDIA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT RED APPLE MEDIA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RED APPLE MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS “Disclaimer of Warranties” AND “Limitation of Liability” MAY NOT APPLY TO YOU.
SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from concerning companies, stock quotes, investments or securities, please read the above sections (“Disclaimer of Warranties” AND “Limitation of Liability”) again. Red Apple Media shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
The Red Apple Media logo, name, marks, and other product and service names are trademarks of Red Apple Media (the “Red Apple Media Marks”). Without Red Apple Media’s prior permission, you agree not to display or use in any manner, the Red Apple Media Marks.
COPYRIGHTS and COPYRIGHT AGENTS
Red Apple Media respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Red Apple Media’s Copyright Agent the following information by mail or fax:
- a physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description and URL of where the material that you claim is infringing is located on the site; this must be an exact URL or URL’s to the material described above and not the base site URL;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Red Apple Media Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Red Apple Media
ATTN: Copyright Agent
9305 Lightwave Ave
San Diego, CA 92123
The administrator of the affected site may make a counter notification under the Digital Millenium Copyright Act (DMCA) Section 512(g)(2) and (3). To file a counter notification, you must submit to the Red Apple Media Copyright Agent the following information by mail or fax:
- your address, telephone number, and email address;
- identification of the material and its location (URL) before removal; a statement by you, made under penalty of perjury, that the material was removed by mistake or misidentification;
- statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or San Diego County, California if your address is outside of the United States), and that you will accept service of process or subpoena from the person who provided notification of infringement or an agent of such person.
Under the DMCA Section 512(f), any person who knowingly misrepresents that material is infringing, or that it was removed/blocked by mistake, is liable for any resulting damages (including attorneys’ fees) incurred by the alleged infringer, the copyright owner/licensee, and Red Apple Media.
The TOS constitute the entire agreement between you and Red Apple Media and govern your use of the Service, superseding any prior agreements between you and Red Apple Media. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Red Apple Media shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Red Apple Media agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Diego, California. The failure of Red Apple Media to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS, especially unsolicited commercial email (UCE) violations, to firstname.lastname@example.org