Rabbit Tree Studio Hosting Terms and Conditions
1. Hosting service plans give the Client a streamlined and optimised experience to manage their hosting and build websites with our free Website Builder product. Rabbit Tree Studio handles the basic back end hosting, core updates to the servers and server-level caching.
2. Migration of Servers: The Client acknowledges and agrees that as a normal course of business, it may be necessary for Rabbit Tree Studio to migrate its servers. As a result, even if the Client has a dedicated IP, the Client may be assigned a different IP number. Rabbit Tree Studio does not warrant that the Client will be able to consistently maintain its given IP numbers.
3. Termination of Hosting Services: The Client acknowledges and agrees that upon expiration or termination of the Client’s Hosting Services, the Client must discontinue use of the Hosting Services and relinquish use of the IP addresses and server names assigned to the Client in connection with Hosting Services, including pointing the domain name system (“DNS”) for the Client’s domain name(s) away from Rabbit Tree Studio’s servers. Prior to termination of the Hosting Services, the Client is responsible for moving its website or server content off Rabbit Tree Studio servers. Rabbit Tree Studio will not transfer or FTP the Client’s website or server content to another provider. If the Client fails to move its website or server content off Rabbit tree Studio’s servers prior to cancellation, Rabbit Tree Studio will delete all such content and Rabbit Tree Studio will not be able to provide a copy of such content.
4. Free Products Credits: Upon termination of the Hosting Services, any domain products provided free of charge as part of the Hosting Services will only be cancelled on the Client’s request. Any email products may be available to purchase within 30 days of termination of the Hosting Services. If not purchased, the email products shall terminate on the expiry of 30 days from the date of termination of the Hosting Services.
5. Notice Regarding Licensed Images on Migration or Export (where available): Subject to all other applicable licenses terms and conditions, images available and licensed for use are intended for Rabbit Tree Studio hosted customers only and are subject to the terms and conditions of third-party intellectual property rights and licensing restrictions. To the extent, the Client wishes to export or migrate its hosted product or service to another service provider (if available as an option), it is solely the Client’s responsibility to ensure the Client’s continued right to use any images incorporated therein, and the Client acknowledges and agrees that Rabbit Tree Studio does not warrant and shall have no responsibility for any claims resulting from the Client’s continued use after migration and/or termination (whichever occurs first).
6. Storage and Security. The Client shall be solely responsible for undertaking measures to: (1) prevent any loss or damage to your website or server content; and (2) ensure the security, confidentiality and integrity of all the Client’s website or server content transmitted through or stored on Rabbit Tree Studio’s servers.
7. Rabbit Tree Studio’s servers are not an archive and Rabbit Tree Studio shall have no liability to the Client or any other person for loss, damage or destruction of any of the Client’s content. The Hosting Services are not intended to provide a PCI (Payment Card Industry) or HIPAA (Health Insurance Portability and Accountability Act) compliant environment and therefore should not be used or considered as one. The Client shall not use the Hosting Service in any way, in our sole discretion, that shall impair the functioning or operation of our services or equipment. Specifically, by way of example and not as a limitation, the Client shall not use the Hosting Services as: (1) a repository or instrument for placing or storing archived files; and/or (2) placing or storing material that can be downloaded through other websites. The Client acknowledges and agrees that Rabbit Tree Studio has the right to carry out a forensic examination in the event of a compromise to the Client’s server or account.
8. Website/Server Content. The Client shall be solely responsible for providing, updating, uploading and maintaining its website or server and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your website or server including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. The Client acknowledges and agrees that in the course of providing the Client with technical assistance, it may be necessary for Rabbit Tree Studio’s support staff to modify, alter or remove the content of the Client’s hosted product. The Client’s website or server content shall also include any registered domain names provided by the Client or registered on the Client’s behalf in connection with the Hosting Services.
9. If access to a third-party hosting website is required in the provision of any Service, the Client represents and warrants that the Client is authorised to provide Rabbit Tree Studio with access to the third-party hosting account for the purposes of this Service. The Client agrees that the Client retains sole contractual and any other legal or fiduciary responsibilities related to the Client’s third-party hosting account.
10. If the Client requests that Rabbit Tree Studio installs any Third Party Software not provided as part of the Hosting Services, the Client represents and warrants that (1) the Client has the right to use and install the Third Party Software, (2) the Client has paid the applicable licensing fees for the Third Party Software, and (3) the Third Party Software does not and shall not infringe on the intellectual property rights of any other person or entity.
11. Storage and Plan Limits: All Hosting Services plans are limited to no more than 1,000 tables per database and no more than one gigabyte of storage per database. Any account or database that exceeds these limits may be issued a network violation warning and will be required to reduce the number of inodes, files and folders, tables or gigabytes (as the case may be), or may be temporarily or permanently suspended, in our sole discretion.
11.1. The Client acknowledges and agrees that inbound UDP is not supported in shared hosting environments.
12. Website/Server Content. The Client’s website may not include any of the following content: (1) image hosting scripts that allow an anonymous user to upload an image for display on another website (similar to Photobucket or Tinypic); (2) banner ad services for display on other websites or devices (commercial banner ad rotation); (3) file dump/mirror scripts that allow an anonymous user to upload a file for other to download (similar to rapidshare); (4) commercial audio streaming (more than one or two streams); (5) push button mail scripts that allow the user to specify recipient email addresses; (6) anonymous or bulk SMS gateways; (7) backups of content from another computer or website; (8) Bittorrent trackers; or (9) any script that causes a degradation in the performance of our server or network environment.
13. Unlimited Disk Space/Bandwidth/Website Plans. Hosting Services plans are designed to host most personal, small business and organisation websites, and thus Rabbit Tree Studio offers unlimited bandwidth and websites. This means that Rabbit Tree Studio does not set a limit on the amount of bandwidth or websites the Client may use in the operation of its website, provided it complies with the Agreement. In the event the bandwidth, number of websites or disk space usage of your website presents a risk to the stability, performance or uptime of our servers, data storage, networking or other infrastructure, you may be required to upgrade to a VPS or Dedicated Server, or Rabbit Tree Studio may take action to restrict the resources your website is utilising.
14. Hosting Migrations. Rabbit Tree Studio provides free migration of your site from another provider to Rabbit Tree Studio’s servers. The Client is able to perform this function themselves from within their Hosting Services control panel. Should the Client require Rabbit Tree Studio to perform the migration from a third-party server, the Client agrees to provide Rabbit Tree Studio with the login user name and password for that server, in order that Rabbit Tree Studio can action the migration.
14.1. The Client is solely responsible for reviewing the functionality and accuracy of migrated content in its new location following a Hosting Migration. If the Client is satisfied with the data migration, the Client will need to update the DNS record for the domain name in order to publish the website in its new location. Rabbit Tree Studio will not perform website backups or archives in connection with a Hosting Migration, and Rabbit Tree Studio recommends that the Client backs up its third-party hosted website before migration to ensure that no data is lost. The Client agrees not to make any changes or revisions to its website during the migration process.
14.2. The Client agrees that Rabbit Tree Studio is not liable for any delay in website resolution or loss of data related to its Hosting Migration. Hosting Migrations are not available for websites with over 10GB of data or more than 100,000 files.
14.3. Rabbit Tree Studio may install a plugin on your external WordPress site, if the site in question is a WordPress site, for the purpose of facilitating your WordPress migration into our own WordPress hosting environment. This plugin will not change anything on your source site. Its purpose is to facilitate the Hosting Migration of your WordPress files. You are welcome to disable the plugin on your source site after the Hosting Migration has been completed.
15. Service Level Agreement. The 99.9% Hosting Services Uptime Guarantee applies to Hosting packages only and not to any other service offered by Rabbit Tree Studio.
15.1. The Client is entitled to a credit against the Client’s monthly service cost in respect of any periods of downtime (excluding downtime due to pre-planned maintenance work notified to the Client in advance) during the calendar month according to the following scale:
Network Connectivity Uptime in month | Credit Entitlement |
---|---|
From and including 99.9% to 100% | No Credit |
From and including 99.9% to and excluding 99.99% | 10% |
Below 99.9% | 30% |
15.2. To claim a credit under the Hosting Services Uptime Guarantee, the Client must contact Rabbit Tree Studio by raising a ticket, through the chat function or by calling Customer Support and stating that they wish to claim a credit under the Hosting Services Uptime Guarantee.
15.3. The Client’s entitlement to a credit shall be assessed on network connectivity to the platform and the platform delivering the website(s), and not the speed of delivery.
15.4. When claiming a credit under the Hosting Services Uptime Guarantee, the Client must provide supporting evidence to Rabbit Tree Studio’s reasonable satisfaction, which Rabbit Tree Studio shall verify to confirm the Client’s entitlement to any credit.
15.5. Rabbit Tree Studio reserves the right to refuse to issue a credit in respect of any period of downtime due to pre-planned maintenance work notified to the Customer in advance, any period of downtime due to the Customer’s acts or omissions or where the Customer is in breach of Rabbit Tree Studio’s Acceptable Use Policy. Any credit issued by Rabbit Tree Studio under the Hosting Services Uptime Guarantee shall be applied to the Customer’s Rabbit Tree Studio account. The Customer may use this credit for new purchases or renewal fees only. The Customer shall not be entitled to any payment in respect of any credits issued by Rabbit Tree Studio.
15.6. Any credit issued by Rabbit Tree Studio under the Hosting Services Uptime Guarantee must be used by the Customer within 12 months, failing which the credit will expire.
16. Third-Party Software. As part of the Hosting Services, the Client may be allowed to use certain Third-Party Software. The Client may use the Third-Party Software and Operating Software solely as part of the Hosting Services. The Client may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Third-Party Software. Additionally, the Client may not sell, modify, re-use reverse-engineer, decompile, disassemble, reverse compile, create derivative works of or attempt to derive the source code from the Software.
16.1. Rabbit Tree Studio makes no representations or warranties about any Third-Party Software offered in connection with the Hosting Services, and expressly disclaims any liability.
16.2. The Client will indemnify, defend, and hold harmless Rabbit Tree Studio from and against any and all claims imposed upon or incurred by Rabbit Tree Studio directly or indirectly arising from the Client’s use or misuse of the Third-Party Software. The providers of Third-Party Software are third-party beneficiaries to this Agreement for purposes of enforcing their rights under this Agreement.
16.3. Rabbit Tree Studio reserves the right to modify, change or discontinue any Third-Party Software at any time, and the Client agrees to co-operate in performing such steps as may be necessary to install any updates to the Third-Party Software. The Third-Party Software is neither sold nor distributed to the Client, and the Client may use the Third-Party Software solely as part of the Hosting Services. The Client may not use the Third-Party Software outside of the Hosting Services. Rabbit Tree Studio may provide the Client’s personal information to third-party providers as required to provide the Third-Party Software. The Client acknowledges and agrees that its use of the Third-Party Software is subject to Rabbit Tree Studio’s agreement(s) with the third-party providers. In addition, if the Third-Party Software is accompanied by or requires consent to a service or license agreement from the third-party provider, the Client’s use of the Third-Party Software is subject to such service or license agreement. The Client may not download, install, or use any Third-Party Software that is accompanied by or requires consent to a service or license agreement from a third-party provider unless the Client first agrees to the terms and conditions of such service or license agreement. The Client may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Third-Party Software. The Client may not reverse engineer, decompile, or disassemble the Third-Party Software, except and only to the extent that such activity is expressly permitted by applicable law. The Client acknowledges and agrees that the third-party providers (and their affiliates and suppliers) make no representations or warranties about any Third-Party Software offered in connection with the Hosting Services, and expressly disclaim any liability or damages (whether direct, indirect, or consequential) arising from the use of the Third-Party Software. The Client acknowledges and agrees that any Third-Party Software will be supported by Rabbit Tree Studio and not by the third-party providers (or their affiliates or suppliers).
17. Additional Terms and Conditions Applicable to images and Software. The third-party providers listed in this section make no representations or warranties about any Software offered in connection with the Hosting Services, and expressly disclaim any liability or damages (whether direct, indirect, or consequential) arising from the use of the Software.
The Client is responsible for managing and maintaining in good standing any paid subscription and/or account required with a third-party provider. The Client must cancel or terminate its paid subscription and/or account with the applicable third-party provider and not Rabbit Tree Studio.