Term and Termination.

This Agreement will become effective upon your acceptance of the Agreement by your use of the Services and will remain in effect in perpetuity unless terminated hereunder. Either you or RedOrum LLC may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. RedOrum LLC reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that all fees then paid to RedOrum LLC by you will be nonrefundable and all outstanding or pending payments will immediately be due. You may terminate your account by following the steps in the applicable section under “Cancellations” below, or by sending a notice of cancellation to: RedOrum LLC, Attn: Cancellations, 9450 Mira Mesa Bl. C-516, San Diego, CA 92126.

RedOrum may change the Terms and Conditions of Use at any time, without prior notice to you, and in its sole discretion. The new or modified Terms and Conditions of Use will be effective immediately after we publish them on our website at www.archcloud.com/terms-and-conditions.

Cancellations.

1.   Cancellation At Any Time With No Refund. Except as otherwise stated in this section, you may cancel your registration or subscription to any Services at any time during the term of such registration or subscription or any renewal period by requesting a cancellation through your client area for the Service.  In such case, your subscription will terminate at the end of the subscription term for which you have paid, and you will not receive any refund for any unused days of such subscription term.

Renewals.

In order to provide continuous service, RedOrum LLC automatically renews all paid subscriptions for Services 7 days before such subscriptions expire. Such renewals are generally for the same duration as the original subscription term, twelve months.  By entering into this Agreement, you acknowledge that your account will be subject to the above-described automatic renewals. In all cases, if you do not wish your account to renew automatically, please follow the directions set out under “Cancellation At Any Time With No Refund” above.

Payment.

RedOrum LLC will submit an invoice to you fifteen days before your annual subscription is due. The invoice will contain all recurring charges and any additional charges incurred as a result of a special request.  Your credit card will automatically be charged seven days before the subscription end date, and your Service will be renewed for another twelve months.  In such case that you have sent in a cancellation request, your subscription will terminate at the end of the subscription term for which you have paid, and you will not receive any refund for any unused days of such subscription term.
All new accounts are required to pay by credit card. Checks are accepted on a limited basis and must be negotiated before services are provisioned. It is your responsibility to provide RedOrum LLC with accurate and up-to-date credit card information. Your account will be considered Past Due should we be unable to process your credit card.
If payment has not been received in our office seven calendar days from the invoice date your account will be suspended until payment arrangements have been made. RedOrum LLC will make one attempt to contact you about your delinquent account before terminating this agreement. It is your responsibility to honor your payment obligations. Accounts that are suspended or terminated will not function. In addition to any other disclaimers of liability set out in this agreement, we have no liability for accounts that are suspended or terminated. Any account that is past due will be assessed a 2% late fee.

Lawful and Fair Use of ArchCloud Services.

You are expected not to use the services provided by RedOrum LLC for any unlawful activities or purposes not otherwise covered in this agreement, including but not limited to, attempting to compromise the security of any networked account or system. Appropriate legal measures will be pursued when RedOrum LLC becomes aware of any unlawful activities.

Liability.

RedOrum LLC shall not be liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, loss of backup data, or the like), whether based on breach of contract, tort (including negligence), product liability or otherwise, even if RedOrum LLC or its representatives have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose.

Bandwidth.

This agreement may contain descriptions of services related to upload or download capacity. These descriptions assume that the service is provisioned in the best possible environment. It may not be possible for the service, as utilized by you, to meet or reach these descriptions. RedOrum LLC does not guarantee upload or download speeds to any location.

Data retention.

RedOrum LLC shall not be responsible for retaining any data after an account has been terminated. All data is deleted from our servers immediately after an account termination and is deleted from backups during scheduled rotations. RedOrum LLC shall not restore, provide on any storage media, or send out any data pertaining to a terminated account.

Data ownership.

All data created by you and/or stored by you on RedOrum LLC provided hardware is considered to be your property and is for your exclusive use. RedOrum makes no claim of ownership on any content or data contained inside your storage space.

Data retrieval.

Upon written notice of a data retrieval request, RedOrum LLC will pack and ship the proper media to you for expedited recovery. The media will be shipped within 12 hours of successfully copying requested data to the device. Once disks have been shipped, RedOrum LLC will not be responsible for delayed transit time.

Shipping fees.

RedOrum LLC provides shipment of data via hard disk/DVDCD/USB or other media as a value added service. You agree to pay for any and all charges related to the packing and transport of the media to and from your location. If a disk is lost, stolen, or is otherwise returned to RedOrum LLC in a non functional state you agree to cover all costs associated with purchasing the same media type of similar value or capacity.