Rand Internet Marketing, LLC (Rand Internet Marketing) reserves the right to make any reasonable adjustments to our terms of service at anytime. Clients agree to abide by any additions or adjustments to our terms of service, as they are available to be viewed by anyone at anytime.
Domain Names and Domain Transfers
Clients are responsible for registering and renewing their domain names. Rand Internet Marketing does not take responsibility for failing to renew domain names. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire. We do not handle renewals unless specifically asked for by e-mailing us at hosting @ randseo.com.
All invoices will be generated and sent out 14 days before they are due. All clients will receive a reminder of the generated invoice 4 days before the invoice due date. Invoices will be emailed and available on the Rand Internet Marketing – Hosting Control Panel to be paid.
10 days after the invoice is due you will receive a first overdue reminder. 15 days after the invoice due date you will receive a second overdue reminder. 20 days after the invoice is due, a late fee may be applied to the invoice at the discretion of Rand Internet Marketing. If payment is not received within 30 days of the invoice due date, the account may be suspended until payment is made, or the account may be terminated and remaining invoice balance sent to collections. Rand Internet Marketing will not store backups of terminated accounts.
Please be advised that by selecting the yellow PayPal “Pay Now” or “Subscribe” button, a recurring PayPal subscription will be initiated. PayPal is a third party payment gateway, and as a result, clients are solely responsible for the creation, maintenance, and cancellation of any recurring subscriptions. Rand Internet Marketing does not have the ability to initiate or cancel a PayPal subscription on behalf of our clients. Therefore, it is the responsibility of the client to cancel PayPal subscriptions along with any hosting services to prevent continuous billing through PayPal.
Rand Internet Marketing reserves the right to update product and service pricing at any time. Rand Internet Marketing agrees to notify clients 30 days in advance of any hosting plan price changes, and seven days in advance of any “add on” service price changes.
If you wish to cancel your services, you must file your request via our cancellation form eight days prior to your renewal date.
Our hosting plans are designed to accommodate the majority of usage scenarios given the needs of our customers. However, your usage may vary and require additional allocations, specifically in the areas of storage and traffic. We will never charge your card automatically if your account requires more resources. You must keep your email address updated within your cPanel, so that you may receive an email when your account reaches certain limits determined solely by our system. You will receive a bandwidth exceedment warning at 80% at which time you may contact us to purchase a higher transfer quota for your account. If you chose to upgrade your plan to accommodate your usage, this fee may be waived.
If, for any reason, Rand Internet Marketing fails to deliver said services, a prorated credit can be issued upon request. No credits will be issued if abuse of our stated policies forces Rand Internet Marketing to suspend or terminate your services prematurely. In the event you request account cancellation, once your service has been cancelled your account will be suspended from use. It will then be deleted within 30 days. Rand Internet Marketing will not keep backups of your data after your account has been deleted.
Cancellations of accounts pre-paid for on a monthly basis will not receive a credit/refund for the remainder of the billing period; therefore we encourage to only submit cancellation when the account will no longer be used. Cancellations of accounts pre-paid on a yearly basis will only receive a pro-rated credit, not a refund, based on the monthly rate of the same hosting plan. Any fees for tech support and website support at Rand’s $150 per hour blended hourly rate may be deducted from your pro-rated refund. All add-on service payments are non-refundable as they are included only during the life of the hosting plan. If for any other reason your account becomes suspended and remains suspended it will be deleted after a 30-day period. Rand Internet Marketing will not keep backups of your data after your account has been deleted.
In the event your website has been suspended, cancelled or terminated for any reason, Rand Internet Marketing reserves the right (but undertakes no obligation) to retain one or more copies of the information on the website for its own records. Rand Internet Marketing further reserves the right to distribute any information on any website to the information’s owner of record, upon said owner providing adequate proof of ownership as determined in Rand Internet Marketing’s sole discretion. You specifically release and hold harmless Rand Internet Marketing from any claims arising out of the foregoing.
Should any outstanding balance(s) be due to Rand Internet Marketing, whether for hosting, design, marketing, or any other goods, services, or fees, Rand Internet Marketing reserves the right to withhold access via FTP or Cpanel to a website until payment has been brought up to date. During such time, the client may be denied copies of files and databases within the hosting accounting. Any exceptions are at the sole discretion of Rand Internet Marketing. This is intended to protect Rand Internet Marketing from releasing work of any kind that has not been paid for. Similarly, all files may not be accessible for accounts still in development, or agreements not yet paid in full, even if there is no past-due balance.
Rand Internet Marketing agrees to take every reasonable precaution to provide the agreed upon services to our clients. However, Rand Internet Marketing is not liable for service interruption due to circumstances beyond our control including but not limited to: natural disaster, fire, downtime caused by failure of the power grid, or other issues dealt with by the data centers that manage and maintain our dedicated server(s), such as government acquisition of assets.
In the event your website has been suspended for resource abuse (abuse that cannot be resolved by removing/changing a script, etc.) and you do not wish to upgrade to a dedicated server to accommodate your site needs, we will only release the suspension within 24-48 hours. This is to ensure the CPU intensive site slows down in traffic to avoid further damage and problems. A backup will then be provided of your files or you will be allowed FTP/cPanel access for a certain time period.
In the event your website is suspended due to non payment, the site will not be unsuspended until payment has been received and applied to all overdue invoices. Clients have the ability to pay, add funds, and apply those funds to any outstanding invoices through their client area. Services will be unsuspended within 24 business hours upon receipt of payment.
In the event that any or all information on your site is inadvertently removed, Rand Internet Marketing will provide a restore from our backups for a $25.00 fee. This is based upon fees required by our hosting data center, and is merely to cover our hard costs. If files have been inadvertently removed due to a fault on the part of Rand Internet Marketing’s staff, a restore will be provided free of charge at the reasonable discretion of Rand Internet Marketing.
Acceptable Use Policy
Rand Internet Marketing does not routinely monitor the activity of services used by customers for violation of this Policy. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our Services. Although Rand Internet Marketing has no obligation to monitor Services provided and/or the network, Rand Internet Marketing and it various affiliates and partners reserve the right to monitor bandwidth, usage, and content from time to time to operate our Services; to identify violations of this Policy; and/or to protect the network and Rand Internet Marketing customers. In other words, Rand Internet Marketing reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse, or remove any or all content from any Service for any reason.
Prohibited Actions under the Acceptable Use Policy include, but are not limited to:
Objectionable Content- Any content (written, visual, or implied) that:
infringes upon any copyright, trademark, trade secret, or patent of any third party;
violates any obligation of confidentiality;
violates the privacy, publicity, moral or any other right of any third party;
is hateful or obscene;
is being used to harass, stalk, or otherwise threaten a person;
is libelous, defamatory, knowingly false or misrepresents another person or;
is threatening, promotes violence, promotes discrimination (whether based on sex, religion, race, ethnicity, nationality,
disability, or age), promotes illegal activities or otherwise contains materials that Rand Internet Marketing informs you that it considers objectionable.
Adding, removing, or modifying identifying network header information (aka “spoofing”) in an effort to deceive or mislead.
Attempting to impersonate any person by using forged headers or other identifying information.
Network unfriendly activity:
Any activities which adversely affect the ability of other people or systems to use ISI services or the Internet are prohibited. This includes “denial of service” attacks against the ISI servers, network hosts or individual user.
Sending unsolicited commercial e-mail using a Rand Internet Marketing product or service to distribute unsolicited commercial e-mail is prohibited.
Sending large volumes of unsolicited e-mail (aka “mail bombing”) is prohibited.
Access control and Authentication
Attempting to circumvent user authentication or security of any host, network, or account (aka “cracking”). This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, or probing the security of ISI servers and networks.
Proxy Hunters, Spiders, Robots:
Using any program/script/command, or sending messages of any kind designed to interfere with a user’s session by any means, locally or by the Internet.
We prefer that you self-govern your content and remain responsible and all-knowing of the information your website publicly provides. Even if other users have access to your account, you are responsible for their actions. However, if Rand Internet Marketing is made aware of any questionable or objectionable content on a Rand Internet Marketing-hosted site, we will address the concerns immediately and directly with you to seek a resolution. If any person contacts us about content they have found on an Rand Internet Marketing server that copyrights their own material or that they wish to be removed, we require a proper DMCA notice to begin investigation, but may remove the material in question pending the result of that investigation.
Rand Internet Marketing believes in the freedom of speech and prefers to advise customers of inappropriate behavior and any necessary corrective action. However, if our services are used in a way which Rand Internet Marketing or its distribution affiliates, in their reasonable discretion, believe violate this Policy, Rand Internet Marketing or its distribution affiliates may take any responsive actions they deem appropriate. Such actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of services provided by Rand Internet Marketing. Neither Rand Internet Marketing nor its distribution affiliates will have any liability for any such responsive actions. The above described actions are not Rand Internet Marketing’s exclusive remedies and Rand Internet Marketing may take any other legal or technical action it deems appropriate.
Rand Internet Marketing reserves the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on Rand Internet Marketing’s servers and network. During an investigation, Rand Internet Marketing may suspend the service or services of the customer involved and/or remove material which potentially violates this Policy. You hereby authorize Rand Internet Marketing and its distribution affiliates to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. Such cooperation may include Rand Internet Marketing providing the name, IP address(es), or other identifying information about a customer. Upon termination of a customer’s service, Rand Internet Marketing is authorized to delete any files, programs, data and email messages associated with such account.
You agree that you are solely responsible for (and that Rand Internet Marketing has no responsibility to you or to any third party for) any content that you create, transmit or display while using any goods or services provided by Rand Internet Marketing and for the consequences of your actions (including any loss or damage which Rand Internet Marketing may suffer) by doing so.
The failure of Rand Internet Marketing or its distribution affiliates to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that, if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.
Rand Internet Marketing, makes no endorsement, claims, or promises regarding the services offered by our customers and will not be held liable for any disputes or claims against said customers. In no event shall Rand Internet Marketing, be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of a customer web site or from any information, services or products provided through a customer web site. If there is questionable content on any server in our network, we will not take any action against any material or action until the website is brought to our attention by emailing our staff at hosting @ randseo.com.
By using any product or service offered by Rand Internet Marketing, you expressly agree that use of such product or service is at your sole risk. Express as expressly provided to the contrary, the products and services offered by Rand Internet Marketing are provided on an “AS IS” and “as available” basis. Neither Rand Internet Marketing, nor its affiliates, subsidiaries or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Associates”) warrant the accuracy, integrity, or completeness of the products or services offered by Rand Internet Marketing. Further, Rand Internet Marketing makes no representation that products and services provided on are applicable to, or appropriate for use in, locations outside of the United States. Rand Internet Marketing and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose, except as specifically and expressly provided to the contrary. No oral advice or written information given by Rand Internet Marketing or its Associates shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.
Under no circumstances shall Rand Internet Marketing or its Associates be liable for any direct, indirect, incidental, special, or consequential damages that result from your use of or inability to use the products and services of Rand Internet Marketing, including but not limited to reliance by you on any information obtained from Rand Internet Marketing that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, unauthorized intrusions or any failure of performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Rand Internet Marketing has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through Rand Internet Marketing. Some states do not allow the exclusion of limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL.
ANY AMOUNTS IN EXCESS OF THE TOTAL FEES PAID TO RAND INTERNET MARKETING OR ITS ASSOCIATES FOR SERVICE OR EQUIPMENT DURING THE SIX (6)-MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE GIVING RISE TO LIABILITY;
“Rand Internet Marketing Parties”) from and against any and all claims, demands, actions, causes of action, judgments, liabilities, damages, losses, injuries, costs and expenses arising from (a) the use or misuse of the Service or Equipment by you or by any person you allow to use the Service or Equipment, or (b) any breach of these Terms by you, including, but not limited to, claims by any owner of the primary location where you use the Service and claims by or through any customers you may have. You also agree to pay each Rand Internet Marketing Party’s reasonable attorneys’ fees and costs related to prosecuting or defending such claims and to enforcing these Terms, including any and all such fees incurred in connection with any appeal. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.
Scope of Support
At Rand Internet Marketing, we understand that the technical support you receive from your web hosting provider is just as important as the service we deliver. We’re pleased to provide our customers with access to our “in house”, Support Team during business hours by e-mail at Hosting @ RandSEO.com, or by phone at 954-530-6125. We also encourage clients to contact the data center managing our server, SimpleHelix.com, for any emergencies or issues on nights, weekends, holidays, other times that Rand Marketing’s staff is unavailable, and you believe a hosting issue to be impeding your business. For your convenience, we’ve provided the following document to outline what aspects of your website and hosting services our highly capable staff can assist you with.
Rand Internet Marketing Supports:
Simple Helix is stringently monitoring your server with protective measures in place and ready to go in the unlikely event that hardware failure should occur.
Simple Helix maintains, updates, and secures all server-level software on our servers such as PHP, Apache, and MySQL. While Simple Helix makes every attempt to keep our software “up to date”, we cannot guarantee that we will always have the most recent version of all software installed.
DNS Zone Files
For clients using our DNS, we’ve got you covered by providing you with a DNS zone file adequate for typical hosting usage.
We know what our clients want and need, and we gladly support basic email function, web service, trouble shooting within your control panel, and basic FTP. We frequently monitor all of these services to ensure that they are working and functioning up to our high standards. Some services such as FTP and Cpanel may not be available to you if your website is still in development with Rand’s team, or if you have past due balances or unfulfilled billing agreements for any services with Rand Internet Marketing.
Being a website developer specializing in WordPress & Magento sites, and various other website software platforms, our team is fully capable of assisting you with website software installation, configuration, and upgrades. Each project is different, and is custom quoted for our clients by our website development team. Any such needs fall outside of the scope of hosting, and are considered website development tasks.
Our Clients Support:
When signing up for services, we assume that our clients have at least a sub structural understanding of the web hosting basics (email, FTP, DNS…etc). For our clients needing assistance in this area, Simple Helix may offer basic tutorials at https://manage.simplehelix.com/knowledgebase.php.
We do not have the ability to update nameservers or contact information of domain names that are not in our control. If you are not using our nameservers, we cannot adjust your DNS records.
FTP and Email Client Configuration
As Rand Internet Marketing does not configure your FTP or Email clients, we do not have the ability to support your advanced FTP or Email client configurations. We may be able to offer advice regarding your setup, however, any suggestion offered by Rand Internet Marketing staff is to be implemented at the client’s discretion. Rand Internet Marketing will not accept responsibility for the outcome of any instruction offered outside of our Scope of Support.
Scripts and Applications
Rand Internet Marketing reserves the right to go offline for purposes of maintenance, upgrades and testing, and shall not be held liable or otherwise be liable for interruptions in hosting services. We will do our utmost to minimize any such downtime, whether caused by scheduled maintenance or emergency.
While Rand Internet Marketing’s staff can ensure that FTP and your control panel are functioning properly, our clients are responsible for adding and editing site content, unless otherwise arranged with our development team at separate rates.
For purposes of this engagement, “hourly rate” refers to Rand’s blended hourly rate of $150/hour for Website Design, Programming, and Development, as well as Internet Marketing Services, including Search Engine Optimization, Pay Per Click Campaign Management, Social Media Marketing, E-mail Marketing, Marketing Consultations, and other related services.
Copyrights and Trademarks
The Client represents and warrants to Rand and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Rand for inclusion in web pages are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will indemnify, hold harmless, protect, and defend Rand and its subcontractors, if any, from any claim or suit arising from the use of such elements furnished by the Client.
Copyright to Web Pages
Copyright to the finished assembled work of web pages produced by Rand as a work for hire is owned by the Client once paid for in full. The Client agrees that it shall not lock Rand out of its website or related accounts prior to Rand receiving full payment of fees and expenses as provided in this Agreement. In the event the Client violates the provisions of the foregoing sentence, Rand shall be entitled to injunctive relief. Client hereby authorizes and Rand retains the right to display Client graphics and other web design elements as examples of its work in any of its marketing materials—online or offline.
Post Placement Alterations
Rand shall not be responsible for any alterations made by other parties to the Client’s websites, digital media, and other materials once placed. Such alterations include, but are not limited to, additions, modifications, or deletions.
Errors and Omissions
Rand will use good faith best efforts to ensure products authored by Rand are free of errors. However, Rand may not be held responsible for any errors that may arise in the course of authoring any products and the Client bears the ultimate responsibility to confirm no errors exist in the final product accepted by Client. Rand does not accept any liability for losses or damages arising from errors within any page or if web search submissions are not accepted. It is the Client’s responsibility to proof its web pages for errors and inform Rand of such errors. This process must begin immediately after the pages are posted to the web host for the Client to view.
Venue and Applicable Law
This Agreement will be governed by and construed in accordance with the laws of the State of Florida. The appropriate venue for any legal action pertaining to this Agreement shall be Broward County, Florida. If any action is brought to enforce or interpret this Agreement, the prevailing party shall be entitled to costs and attorneys’ fees, whether incurred before or after suit is filed. Before commencing any lawsuit, the parties shall first submit themselves to mediation within 30 days of a demand thereto.
Additional Indemnification Provisions
The Client is required to ensure that the content of their pages meets all the current US legislation regarding publications. The Client shall further indemnify Rand Internet Marketing in respect of any claims, costs or expenses that may arise from any material included in their products authored or placed on their behalf by Rand.
The agreement contained in this document constitutes the sole agreement between Rand and the Client regarding website hosting. Any additional terms and conditions not specified in these terms must be authorized by Rand Internet Marketing in writing.
Any notices pertaining to this Agreement shall be in writing and shall be transmitted by personal hand delivery or fax to Rand or to Client, or through the facilities of the United States Post Office, certified mail, return receipt requested at the addresses appearing for each party on the first page of this Agreement. Notices given by mail shall be deemed to be delivered on the day such notice is deposited in the United States mail, postage prepaid.
Returned Check Policy
In the event of a returned check or unpaid electronic fund transfer, the client will have 15 days to tender payment in the full amount of check plus service charge of: Twenty-five dollars, if the face value does not exceed $50; Thirty dollars, if the face value is more than $50 but does not exceed $300; Forty dollars, if the face value is more than $300; or 5% of the amount of the returned item, whichever is greater. This policy is pursuant to Florida Statutes s. 68.065.
No Inference Against Draftsman
No provision of this Agreement shall be interpreted against a party merely because that party or that party’s legal counsel drafted such provision.
The officer executing this Agreement on behalf of each party represents that he or she has the power and authority to bind such party.
Survival of Certain Provisions
All provisions of this Agreement pertaining to indemnification, injunctive relief or payment obligations shall survive the termination of this Agreement, except as specifically provided otherwise.
Third Party Vendors
The Client may be required to purchase certain products and/or services in conjunction with the provision of services by Rand under this Agreement. Rand may also engage in business with third parties on behalf of the Client. The parties agree that the Client is fully liable for the payment of any such products and services and Client shall indemnify, hold harmless, protect, and defend Rand and its subcontractors, if any, from any claim or suit arising from a breach of any such third party agreement by the Client.
Time is of the Essence
Time is of the essence in this Agreement. Notwithstanding the foregoing, timelines set forth are subject to reasonable adjustment. Additionally, Rand is not responsible for any specific production deadlines unless otherwise specified and agreed to in writing.
Rand cannot be held liable, or held to any guarantees for Internet presence and ability to attract customers or clients that the Client may or may not expect from the provision of services by Rand under this Agreement. Rand shall only be required to meet the specifications listed in this document using best practices help the Client receive the desired results. Rand does not guarantee a website or feature will work in all versions of all web browsers, nor functionalities not specifically guaranteed in this Agreement. Rand shall be paid for its services regardless of whether client prefers to utilize the products and services provided by Rand under this Agreement.
Disclaimer of Warranties
Rand does not warrant that the functions contained in its web pages or other products will meet the client’s requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and web site is with client. Except as otherwise specified in this agreement, Rand provides its services “as is” and without warranty of any kind. The parties agree that (a) the limited warranties set forth in this section are the sole and exclusive warranties provided by each party, and (b) each party disclaims all other warranties, express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose, relating to this agreement, performance or inability to perform under this agreement, the content, and each party’s computing and distribution system. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
No Solicitation of Employees and Vendors
The client agrees not to solicit or otherwise engage in business with any of Rand Internet Marketing LLC’s Employees, Private Contractors, or other professional service people while utilizing Rand Internet Marketing’s services, and for a period of 2 years after Rand has completed or ceased work for the client. The client will not engage in a business relationship of any kind directly with a Rand Employee or Contractor without the written consent from the ownership of Rand for this time period. This includes but is not limited to, employment, freelance work, referrals of clients, or other relationships that can potentially compete, conflict, disrupt, or otherwise affect Rand’s business.
All disputes with Rand are to be handled professionally with Rand directly. This prohibits the post of negative reviews of any kind on any review sites or social media sites. The Client is prohibited from reaching out to other Rand Clients in any way and providing negative review about Rand.
For any inquiries regarding these terms, please contact Rand Internet Marketing, LLC via fax or postal mail:
Rand Internet Marketing
2901 W. Cypress Creek Rd.
Fort Lauderdale, Florida 33309
Last updated Oct. 3rd, 2013