Terms of Service
Conventions And Statements
Red Shift is a division of Nitelog, Incorporated, a California Corporation DBA Red Shift, Red Shift Internet, Red Shift Internet Services, and Red Shift Internet Communications.
Red Shift customers are referred to as “customer” within this agreement.
Whereas Red Shift is an Internet provider supplying email services, web services and connectivity services as well as other “Internet” related services, and whereas customer agrees to accept said services as such and on an as-is/best effort service, unless customer has an SLA under a different contract, and pay for said services within the time limits outlined in this agreement, and furthermore agrees to the covenants of this AUP, as outlined below, Red Shift will provide service to customer with the following stipulations understood between both parties and agreed to by both parties whether customer has read this agreement or not.
1. Terms of Services
Each account is serviced as “month to month” unless customer has a term contract. Red Shift reserves the right to suspend or cancel customer’s access to any or all services at any time should customer breach this AUP; break a local, state, federal or [applicable] international law, fails to pay for the account within 60 days of invoicing or commits a breach of ethics which warrants such an action; and whereas such termination of services does not put Red Shift in violation of any local, state or federal law.
In order to continue providing you with the highest quality service at a reasonable price, we may begin managing advertisements on some or all of the web sites that you visit while using the Redshift network. Any ads displayed by Redshift or its vendors/partners should not adversely change or disrupt your browsing experience, and the overall number of ads you see during your browsing should not change materially. By continuing to use our services, you consent to our management of any such advertisements.
2. Account-Holder Identification Information
The customer is solely, legally responsible for this account. If the customer is under 18 years of age, customer must have parental or legal guardian consent in order to request and use Red Shift services, and the account must be ordered by a parent or guardian, in their own name and they must accept sole legal responsibility for the actions of the “under 18″ customer. The customer agrees to supply Red Shift with a current and truthful name, postal address, email address and telephone number for our records; and the customer has a continued obligation to keep this information current. The customer also agrees that they or their parent/legal guardian are the authorized bearer of all credit card information that is supplied to us, and the customer understands and agrees that we have an obligation to fully investigate any possible fraudulent credit card use. All information customer provides that is of a personal nature (name, address, phone #, credit card number and other sensitive information) is kept strictly private and is not sold to third parties; it is solely for our own internal use.
3. Sharing or Reselling of Account
The customer as an individual or the company the customer represents as an employee; agent or contract worker assumes sole responsibility for the actions of others who may use the customer’s account with or without the customer’s knowledge.
4. Phone Company Charges
The customer is responsible for all local and long-distance telephone charges for connecting to Red Shift. Under no circumstances will Red Shift assume responsibility for said charges even if phone numbers are given in error by Red Shift employees, agents, officers, consultants, etc. It is the customer’s responsibility to verify the costs of all calls placed, whether for data or for voice with the phone company they will be using to make said calls.
5. No warranties
Red Shift makes no warranties or representations of any kind for the services being offered. The service is provided on an “as-is”, “best effort” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose with the sole exception being for customers who have a current, written SLA agreement with Red Shift where language in the SLA supersedes this general clause and then only the parts of the SLA that conflict with this clause will also supersede the language in this clause. No advice or information given by Red Shift or its agents or employees shall create a warranty. No employee, agent, consultant or anyone other than an officer of the corporation can create a warranty with the customer. Red Shift provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Red Shift be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from customer’s use of or inability to use the services provided by Red Shift, or for third parties’ use of the service to access the customer’s web space, email, or to access the Internet or any service thereof that Red Shift offers, or the customer’s or any third parties’ reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.
6. Resource Usage
Certain aspects of Red Shift’s services have resource limitations such as disk space or bandwidth limitations. The customer understands and agrees that any use that exceeds of those limits will incur additional costs and customer agrees to pay those costs as outlined in our general retail pricing matrix.
7. Account Use – The Following Are Not Permitted
A. Illegal Material – This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation. The customer is not permitted to harbor any of these in their websites, email accounts or transfer them using their connectivity accounts or use or access them in any way connected with Red Shift. A breach of this clause may result in account termination, possible subpoenas for customer’s personal account information by damaged parties or legal authorities and possible civil or criminal litigation from damaged parties or legal authorities.
B. Adult Material: Including all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of Red Shift.
C. Warez: Including pirated software, ROMS, emulators, phreaking, hacking, or password cracking. IP spoofing, or other software of the like, etc., and encrypting of any of the above. Customer is further prohibited from providing information on the accessing of said material in the contents of websites published on Red Shift servers.
D. The customer may not publish websites on Red Shift servers, send email through Red Shift servers and lines or otherwise use Red Shift services to disseminate racial, hate-related, threats of death or harm to a person, or otherwise violent materials, drawings, pictures, writings etc.
E. Other Material: Any material we feel to be excessively abusive; which may effect or could effect the operation of Red Shift services or affect other Internet customers. The designation of “excessively abusive” is left entirely to the discretion of Red Shift.
8. SPAM (Unsolicited Commercial or Pornographic) Email
It is not permitted for a customer to send SPAM from any Red Shift account. Red Shift and its customers are protected by several state and federal laws, some of which carry criminal as well as civil penalties. Red Shift adheres to the state and federal legal descriptions of what constitutes SPAM.
Red Shift reserves the right to require changes or disable as necessary, any web site, account, database, or other component that does not comply with this policy, at its sole discretion. Red Shift also reserves the right to make any such modifications in an emergency at our sole discretion.
Red Shift reserves the right to require changes or disable as necessary any web site, email account, database, or other component that does not comply with this policy, at its sole discretion. Red Shift also reserves the right to make any such modifications in an emergency at Red Shift’s sole discretion.
Red Shift reserves the right to collect from the holder of any account found guilty in a court of law of sending SPAM up to $50 per message or $25,000 per day, whichever is less or that amount which comes out of a legal judgment. in cases where the account holder is not a resident or California then limits prescribed by prevailing Federal law will be applied in the pursuit and collection of damages and/or fees applying to SPAM.
9. Payment Information
Customer agrees to supply full payment for the services received from Red Shift, in advance of the time period during which such services are provided. The customer agrees that until, and unless the customer notifies Red Shift of their desire to cancel any or all services received, those services will be billed on a recurring basis, unless a separate contract is made that supercedes these terms. Returned checks and declined electronic funds transfers will incur a one-time $25.00 fee. Red Shift reserves the right to change the monthly payment amount and any other charges at any time.
When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution.
Customer accounts that are 31 days or more past due will be charged a 1.5% monthly finance charge. This charge will be on the total amount owed and will accumulate and be charged monthly (1.5% of the total owed that is past due, each month the account, or any part of the amount being owed is more than 31 days past due). 31 days past due is to be understood as any account that is not paid by 30 days past the invoicing date (not to be confused with the postmark on the received envelope, invoice or check). Payment must be received within 30 days; payments mailed within the 30 day limit which do not arrive within the 30 day limit will still be subject to the 1.5% finance charge.
Customer accounts over 45 days or more past due will be deactivated for nonpayment and subject to a suspension fee of $25.00. Customer accounts that go over 60 days past due will be terminated and no backups will be kept for email or web services.
10. Cancellation and Refunds
Red Shift reserves the right to cancel the customer’s account at any time for any breach of this AUP as long as said action does not violate state or federal laws governing proper notification of account termination. The customer may cancel their account at any time. If the customer is under a term contract and cancels early they will be subject to an early termination fee or other cancellation penalties and may be required to return equipment or incur additional financial penalties.
Customers who wish to cancel must do so by fax, written correspondence via postal mail (do not write cancellation requests on invoices, those will not be seen) or verbal instruction over the phone. Red Shift will not respond to any other types of cancellation request. The customer will always be responsible for all charges within the month of cancellation (no pro-ration of fees permitted). Red Shift must pay for most account infrastructures to other vendors; vendors who have the same policy of pro-ration. Therefore we have already committed funds on customer’s behalf for the whole month therefore we require the same of our customers. Some accounts may require notice and the customer will be billed for all charges for account periods of accounts cancelled without proper notice. Accounts paid in advance will be refunded for amounts paid past the current month only but not for amounts paid for more than 90 days in advance.
The customer must request a refund for services only where a refund is entitled and within 90 days of the termination of the service or a qualifying event for which customer is requesting a refund, unless other arrangements have been made in writing between the customer and Red Shift. If customer asks for a refund within said time period but part of the refund period is older than 90 days the customer will not receive a refund for the months past the 90 day limit.
11. Backups and Data Loss
Red Shift maintains backups of its own system files. Red Shift also maintains backups of most customer data for the integrity of the entire system. The customer agrees and understands that these backups may or may not be complete or timely in all cases and errors in backups can occur. Furthermore the customer agrees and understands that under no circumstances does the fact that Red Shift does data backups that Red Shift is warranting that said backups will be available, complete, or of sufficient integrity to restore the customer’s data should it be lost, deleted, or otherwise corrupted and unusable. Red Shift will not be liable for any data that is lost, deleted, corrupted or otherwise made unusable by the customer or by Red Shift or one of Red Shift’s agents, employees, officers, or anyone acting on Red Shift’s behalf. Red Shift shall always attempt to restore any lost data to its original form but will not under any circumstance warranty that as always being possible. Therefore, the customer is greatly cautioned that the use of Red Shift services is at customer’s sole risk. Red Shift is not responsible for files, email and data residing in, or associated with, customer’s account. Customer agrees to take full responsibility for files and data transferred and stored at Red Shift and to maintain all timely, complete and appropriate backups of files and data stored on Red Shift servers, traversing Red Shift servers or lines or in any way making use of Red Shift facilities. In summary: Customer should maintain their own, separate backups of all data residing on Red Shift or flowing through Red Shift.
The customer agrees that it shall defend, indemnify, save and hold Red Shift harmless from any and all demands, liabilities, losses, costs and claims, including attorney’s fees asserted against Red Shift, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the customer, its agents, employees or assigns. The customer agrees to defend, indemnify and hold harmless Red Shift against liabilities arising out of; (1) any injury to person or property caused by any products or services sold or otherwise distributed in connection with Red Shifts services (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Red Shift.
Red Shift will not be responsible for any damages to customer’s business, the customer themselves, or that others may suffer as a result of using any of Red Shift’s services even if it is the result of negligence on the part of Red Shift employees, officers, agents or anyone acting on Red Shift’s behalf.
14. Red Shift Copyrights and Patents
The customer may not make use of Red Shift copyrighted material or service marks without express written permission from an officer of Red Shift. Red Shift holds a service mark registration to its name and its likeness as well as copyrights to all materials produced by Red Shift including, but not limited to all images produced, pictures, and to all intellectual properties including but not limited to, proprietary designs, concepts, proprietary business methods, etc.
15. Changes to the AUP
Red Shift reserves the right to revise its policies without prior notice. Red Shift shall alert all current customers of changes to the AUP through its home page at www.redshift.com. Red Shift may or may not at its discretion also notify customers of changes via email or written mail notice.