Terms and Conditions

This agreement sets forth the terms and conditions that govern your use of this website and the products and services (collectively, the "Services") found at this site, and is in addition to and not in lieu of any specific terms and conditions that apply to your purchase of a particular Service. In the event that you provide a purchase order or other ordering document to facilitate your purchase, the document is incorporated by reference only to the extent that it identifies the Services to be purchased, and all other terms and conditions included in such document are hereby rejected by Red Rabon Enterprises.

Your acceptance and/or use of the Services signifies that you have read, understood and agreed to be bound by the terms and conditions of this Agreement as well as any policies posted on this website and that by such acceptance and/or use of the Services you agree that any previous agreements between you and Red Rabon Enterprises will be terminated and superseded by this Agreement. You acknowledge and agree that Red Rabon Enterprises's acceptance of this Agreement and the provision of Services are performed at Red Rabon Enterprises’s offices in Phoenix, AZ, USA. Red Rabon Enterprises, in its sole discretion, may refuse to provide the Services to any one at any time and for any reason. If Red Rabon Enterprises exercises this right, Red Rabon Enterprises will not charge you for the Services and/or refund you for the amounts paid for the Services during the month that Red Rabon Enterprises invokes its right to deny Service.

Red Rabon Enterprises , in its sole and absolute discretion, may change or modify this Agreement, and the corporate policies and/or Service Specific Terms which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon the earlier of (i) our email notification to you advising you of such changes or modifications (ii) your electronic acceptance of this Agreement after such changes or modifications have been made to this Agreement as indicated by the "Last Revised" date at the top of this page or (iii) your continued use of the Services after Red Rabon Enterprises posts the amended Agreement .

Eligibility, Point of Contact, Account Ownership

The Services found at this Site are available only to Customers who can form legally binding contracts under applicable law. By using the Services found at this Site, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law. You further represent and warrant that you are not on the United States Department of Treasury, Office of Foreign Asset Controls list of Specially Designated National and Blocked Persons and is not otherwise a person to whom Red Rabon Enterprises is legally prohibited to provide the Services.

Customer shall designate a single "Point of Contact" in the accompanying Order Form. Customer's Point of Contact shall have full authority to enter into agreements and make binding decisions on behalf of Customer. Customer agrees that Red Rabon Enterprises may rely on representations made by Customer's Point of Contact. Customer may change its Point of Contact at any time by giving written notice to Red Rabon Enterprises in accordance with the notice provisions of this Agreement. Red Rabon Enterprises is under no obligation to accept instructions from anyone other than the Point of Contact. Notwithstanding the foregoing, Red Rabon Enterprises shall not be liable for any loss or damage resulting from Red Rabon Enterprises's reliance on any instruction, notice, document or communication reasonably believed by Red Rabon Enterprises’s to be genuine and originating from an authorized representative of Customer's corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Red Rabon Enterprises reserves the right (but not the obligation) to require additional authentication from Customer. In order to permit Red Rabon Enterprises to protect the quality of its products and services, you hereby consent to Red Rabon Enterprises’s staff being able to access your account and records on a case by case basis to investigate complaints or other allegations or abuse.

Dispute of Site or Account Ownership

The entity or person creating the account and designated as the owner shall be deemed the account owner. For security reasons, only the account owner or Point of Contact designated by the account owner shall be allowed to make changes, cancellations, or designate a new Point of Contact. Disputes sometimes arise between or among multiple persons claiming ownership of or rights in a site, store or account. Red Rabon Enterprises is not obligated to and will not resolve any such disputes. If multiple persons are claiming ownership of or rights in a site, store or account, and, in Red Rabon Enterprises 's sole judgment, there is no certainty as to the ownership of or rights in said site or account, then Red Rabon Enterprises will, to the extent of its knowledge and ability, notify said persons of the dispute and demand that said persons promptly, conclusively, and finally resolve the dispute in a manner which makes clear who the owner(s) and/or interest holder(s) is/are and in a manner which relieves Red Rabon Enterprises of all liability or obligations concerning the dispute. If the disputing persons fail so to resolve the dispute within what Red Rabon Enterprises, in its sole judgment, deems to be a reasonable time, then Red Rabon Enterprises, at its sole option and without any obligation to do so, may suspend or terminate the account until such persons resolve said dispute and reach certainty regarding ownership of or rights in said site, store and/or account. The person or persons conclusively and finally determined by court order or settlement agreement to be the rightful owner(s) or interest holder(s) of said site, store and/or account shall be obligated to pay all amounts due and comply with the Transfer Policy, if required, to transfer ownership of the site, store and/or account to the rightful owner. Failure of the rightful owner of said site, store and/or account timely pay in full all of said amounts shall be deemed a breach of these Terms and shall subject the account to immediate termination.

To transfer ownership of an account, Customer must contact Red Rabon Enterprises and comply with the Transfer Policy.

Software Updates

From time to time, Red Rabon Enterprises LLC may update the software associated with a Service for many reasons, including but not limited to, (a) to maintain PCI compliance; (b) to fix bugs or problems in previous versions; and/or (c) to enhance functionality or features. Red Rabon Enterprises makes no warranty that such updates will not affect your use of the Services or introduce new but unknown bugs into the software. Further, Red Rabon Enterprises shall not be responsible for the effect an update has on any code not provided by Red Rabon Enterprises and any modifications to such code to restore functionality shall be Customer's sole responsibility and cost.

Where support is provided by Red Rabon Enterprises, Red Rabon Enterprises will provide technical support for the most recent update or version of the Software associated with a Service. From time to time, Red Rabon Enterprises may provide support for an older version(s), however Red Rabon Enterprises reserves the right to suspend or terminate such support at any time, with or without notice.

Use of Customer's Name and Trademarks

Customer hereby grants Red Rabon Enterprises a non-exclusive right and license to use Customer's name and such of Customer's trade names, trademarks, and service marks (collectively, "Customer's Marks") as are listed on Customer's Content or otherwise provided to Red Rabon Enterprises in connection with this Agreement (a) on Red Rabon Enterprises's own Web Sites, (b) in printed and online advertising, publicity, directories, newsletters, and updates describing Red Rabon Enterprises's Services, and, (c) in applications reasonably necessary and ancillary to the foregoing. Customer may use Red Rabon Enterprises's trade name, trademarks, and service marks (collectively, "Red Rabon Enterprises's Marks") in advertising and publicity in conjunction with the offering of Customer's Content via Red Rabon Enterprises, provided that Customer shall submit copy to Red Rabon Enterprises for its prior written approval, and provided further that under no circumstances shall such use imply that Red Rabon Enterprises endorses, sponsors, certifies, approves or is responsible for Customer's Content. Notwithstanding the foregoing, Customer need not obtain Red Rabon Enterprises's prior written approval where use of Red Rabon Enterprises’s Marks is limited to inclusion in a list of systems via which Customer's Content is available

Sublicense

Customer may not sublicense or resell any of Red Rabon Enterprises's Services to any third parties without the prior written permission of Red Rabon Enterprises. By way of example and not limitation, Customer may not provide Web Hosting services through its Red Rabon Enterprises Services to any third party without Red Rabon Enterprises's prior written permission. Any attempts to do so would be considered a material breach and grounds for termination of this Agreement.

Fees and Payment

A. Fees. In consideration of the Services, Customer will pay to Red Rabon Enterprises all fees due according to the prices and terms listed on the website. All sales are final and Red Rabon Enterprises offers no partial or full refunds of any kind on any purchase unless otherwise expressly noted, even if your Services are suspended, terminated or transferred before the end of the Services. Red Rabon Enterprises expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal. Red Rabon Enterprises may, at its sole option, extend payment terms to you. Should Red Rabon Enterprises extend payment terms, You agree that Your obligation to pay Red Rabon Enterprises for the Services ordered begins on the date of purchase and does not end until paid in full, even if the Services are abandoned, suspended, terminated or transferred prior to such time.

B. Payment. Unless otherwise agreed to by Red Rabon Enterprises, all payments are due upon signup; the Services will not begin until payment is received. All recurring charges will be due on the monthly anniversary date of your initial signup. It is Customer's obligation to review all monthly charges for accuracy. Failure to dispute a charge within six (6) months following such charge shall constitute Customer's agreement that all charges are valid and Customer agrees to waive any claims it may have had regarding such charge. If a payment is returned or rejected by Red Rabon Enterprises’s bank, or incurs additional costs for Red Rabon Enterprises (e.g., bank fees) for any reason, then Customer may be charged a service fee of $40 and be required reimburse all such fees and costs incurred by Red Rabon Enterprises, and Customer shall be immediately deemed to be in default of this Agreement. Accounts and all amounts in default are subject to a late payment charge of 1.5% per month, or the maximum amount permitted by law, whichever is greater, until fully paid. If Customer defaults, Customer agrees to pay Red Rabon Enterprises its reasonable expenses, including attorney, in house legal expenses and collection agency fees, incurred in enforcing its rights.

C. Taxes. All fees charged by Red Rabon Enterprises for the Services are exclusive of all taxes, VAT and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery of Services, all of which Customer will be responsible for and will pay in full, except for taxes based on Red Rabon Enterprises's net income. If Red Rabon Enterprises is required to pay directly any such taxes, Customer will, upon receipt of Red Rabon Enterprises's invoice, promptly reimburse Red Rabon Enterprises for any such taxes paid by Red Rabon Enterprises.

Acceptable Use Policy

Red Rabon Enterprises maintains on its Web site Red Rabon Enterprises's then-current Acceptable Use Policy ("AUP"). Customer agrees to abide by the AUP. Red Rabon Enterprises may modify its AUP at any time, and shall post the then-current AUP on Red Rabon Enterprises's Web site, which will be effective upon posting.

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