|
 |
Terms of Service |
All services may be used for
lawful purposes only. Through IDENTITY WEB HOST's Service, you may have access to chat areas, bulletin boards, web pages,
email, or other services that enable you to send or post materials ("content") and make that content available to others.
You must not submit, publish, or display on the Network any defamatory, inaccurate, abusive, obscene, infringing, or
threatening content. In addition, you may not submit, publish, or display any content that violates any U.S. Federal, State,
or Local law. You are solely responsible for the content you make accessible through the IDENTITY WEB HOST Network.
You may not use the Service to assist any other person or entity to violate any Federal, State, or Local laws, ordinances,
or regulations.
IDENTITY WEB HOST is not obligated to monitor the network to examine available content.
You hereby acknowledge that if we are made aware of content that is determined to be, in its sole discretion,
unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable,
IDENTITY WEB HOST has the right, but not the obligation, to edit, remove or deny access to such content.
IDENTITY WEB HOST may disclose any content or records concerning customer's account as required to satisfy any law,
regulation, governmental request or court order.
Pornography and sex-related merchandising are prohibited on all
IDENTITY WEB HOST servers. This includes sites that may infer sexual content, display nudity, or link to adult content elsewhere.
This is also true for sites that MARKET any illegal activity or content that may be damaging to IDENTITY WEB HOST's servers or
any other server on the internet. Links to such materials are also prohibited. In addition, any site selling or promoting
bulk email service is not allowed. Below are some examples of non-acceptable content or links:
- Adult Sites - Any erotic or pornographic material, links to adult sites, or advertisements for adult sites.
- Pirated Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost;
i.e. ROMs and ROM Emulators.
- Copyright Violations - Violation of copyrights held by individuals and corporations or other entities can result
in civil and criminal liability for the infringer.
- Hacking/Phreaking/Phishing - Includes sites with material, links, or resources for hacking, phreaking, phishing, viruses, anarchy, or any type of site that promotes or participates in willful harm to internet sites or providers.
- IRC - IDENTITY WEB HOST prohibits hosting IRC or IRC Bots of any kind from its servers or network.
- Proxies - IDENTITY WEB HOST prohibits proxy servers of any kind from its servers or network.
- Port Scanning - IDENTITY WEB HOST prohibits ports scanning of any kind to be done from its servers or network.
- Streaming - IDENTITY WEB HOST prohibits the streaming of Sporting Events, Television Channels, Pay Per View, or Copyrighted Material.
Customers may not use the IDENTITY WEB HOST Network with an
attempt to circumvent user authentication or security of any host, network, or account. 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, password cracking, probing the security of other networks in search of weakness, or violation of
any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or
network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash
a host or network. IDENTITY WEB HOST will cooperate fully with investigations of violations of systems or network security at
other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Users who violate system or network security may incur criminal or civil liability.
Each IDENTITY WEB HOST
account comes fully equipped with its own pre-configured CGI-Bin. Customers are free to use any CGI-scripts provided with
their account or add any additional ones they require. Any CGI-scripts deemed to be adversely affecting the server
performance or the network integrity may be shut down without prior notice. CGI-script sharing with domains not hosted
by IDENTITY WEB HOST is not allowed.
Any website that uses
a high amount of server resources (CPU, memory, and network resources) or is the victim of a DoS (denial of service) attack will be given the option of either upgrading to a dedicated server or reducing the resource used to an acceptable level. The website should not use more than 10% of the shared server CPU or memory for a period longer than 90 seconds. Any account that is using more than 10% of the shared server CPU or memory for more than 90 seconds is endangering the overall shared server performance and will be disabled.
Background daemons in general are prohibited. IDENTITY WEB HOST will consider requests on a per-application basis.
If allowed, extra charges will be assessed based on resource requirements.
IDENTITY WEB HOST prohibits its customers from operating IRC or IRC Bots on any of the servers in the IDENTITY WEB HOST Network.
You must not use the
IDENTITY WEB HOST Network, IDENTITY WEB HOST equipment or any IDENTITY WEB HOST email address in connection with the transmission of spam,
flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator,
intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass
mailings from another service that in any way implicates the use of the IDENTITY WEB HOST Network, IDENTITY WEB HOST equipment or any
IDENTITY WEB HOST email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if
it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making
one's email address accessible to the public will not constitute a request or invitation to receive messages.
If you
are found to have spammed, without warning, IDENTITY WEB HOST reserves the right to disable your domain. In addition, IDENTITY WEB HOST
may impose a $100 penalty for each spam policy violation. IDENTITY WEB HOST solely reserves the right to refuse or cancel service
to known spammers. Lastly, IDENTITY WEB HOST reserves the right to determine what violates this policy. As such,
any violation may result in cancellation of services without refund.
Violation of indecency and obscenity laws can result in criminal penalties.
Material accessible to you through IDENTITY WEB HOST's Services may be subject to
protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary
information. Except when expressly permitted by the owner of such rights, you must not use the IDENTITY WEB HOST Service in a
manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you
access or receive through the IDENTITY WEB HOST Network. If you use a domain name in connection with the IDENTITY WEB HOST Service or
similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any
third party.
Defamatory speech distributed over the internet can result in civil liability for the
defamer.
Violation of any of IDENTITY WEB HOST's rules and regulations as set forth in this Terms of Service could result in a warning, suspension, or possible account
termination. Accounts terminated due to policy violations will not be refunded.
Payment must be received by the due date. Balances not paid by the due date are considered past due. Past due accounts are automatically suspended. Suspended accounts are subject to a $25 reconnect charge plus the outstanding balance to be reactivated. If you are setup to pay by credit card and your credit card declines, you will be notified by email prior to suspension.
Accounts that are 30 days past due will be terminated and removed from IDENTITY WEB HOST's servers and all the information contained within deleted permanently. IDENTITY WEB HOST accepts no liability for information or content that is deleted due to an invalid payment method or where your payments are past due. To update your contact or billing information, please go to Account Manager. It is very important you keep your email address on file current as this is our sole method of communicating with you.
To cancel your account, please login at https://safe-link.net/identitywebhost.com/cgi-bin/data/cancel.pl
We do not give partial month refunds. If you prepaid 12 months,
and cancel your account before the expiration of the 12-month period, we agree to refund a prorated amount minus
the original discount given.
IDENTITY WEB HOST does not monitor domain registrations and will not be held responsible for any problems that arise due to transferred or expired domain names.
IDENTITY WEB HOST also does not monitor hosting accounts for usage and will not automatically cancel an account for non-usage.
Refunds will not be issued for hosting fees charged after a domain has been transferred off our network without proper cancellation or due to non-usage.
We charge a $35 fee for returned checks.
If a check is returned, you will be required to pay the returned check fee as well as any balances due by money order or bank check.
Customer agrees that it will protect, indemnify, save and hold IDENTITY WEB HOST harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney's fees assessed against IDENTITY WEB HOST, its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it's customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold IDENTITY WEB HOST harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed in association with IDENTITY WEB HOST's Services; (2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright violation and any defective products sold to a customer from IDENTITY WEB HOST's Services.
IDENTITY WEB HOST will not be responsible for any damages your business may suffer. IDENTITY WEB HOST makes no warranties of any kind, expressed or implied for services we provide. IDENTITY WEB HOST disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by IDENTITY WEB HOST and its employees. IDENTITY WEB HOST reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.
IDENTITY WEB HOST furthermore expects that its customers who provide internet services to others will fully comply with all applicable laws concerning the privacy of online communications. A customer's failure to comply with those laws will violate this policy. Finally, IDENTITY WEB HOST wishes to emphasize that in accepting services, customers indemnify IDENTITY WEB HOST for the violation of any law or IDENTITY WEB HOST policy, that results in loss to IDENTITY WEB HOST or the bringing of any claim against IDENTITY WEB HOST. This means that if IDENTITY WEB HOST is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against IDENTITY WEB HOST, plus costs and reasonable attorneys' fees.
We include an unconditional money back guarantee with ALL hosting plans! If you are not 100% satisfied during your first 30 days, you may cancel your account and receive a FULL refund!
For as long as you have a hosting account with IDENTITY WEB HOST, we guarantee that the recurring fee for your hosting will never increase. This does not include licensing fees set by software vendors. Licensing fees are beyond our control and are subject to increase.
IDENTITY WEB HOST is committed to providing you with superior service and support.
Our Service Level Agreement (SLA) provides a 99.9% uptime guarantee.
In the event there is a network outage* or hardware failure**, IDENTITY WEB HOST will credit the monthly service charge
for the following month's service as calculated below and as measured 24 hours a day in a calendar month,
with the maximum credit not to exceed 25% of the monthly service charge for the affected month.
Customer agrees that IDENTITY WEB HOST will not be held responsible for any loss of sales or revenue as a result of network
outages or website and server inaccessibility.
IDENTITY WEB HOST will offer service credits to customer in accordance with
the following schedule:
|
|
| | 98%-99.89% | 5% | | 96%-97.99% | 10% | | 90%-95.99% | 15% | | 89.99% or below | 25% |
*Network outage means any outage in which end customers are unable to access the customer's site due to a failure in IDENTITY WEB HOST's network. IDENTITY WEB HOST is not responsible for connectivity issues resulting from failure of any other network than one which is solely used by IDENTITY WEB HOST. IDENTITY WEB HOST will ONLY be held responsible for its network and not for general conditions on the internet. Delays that occur outside IDENTITY WEB HOST's routers caused by backbone failures/congestion, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications, or third party services (including DNS propagation) resulting in degradation of service and high packet loss or similar conditions, cannot be guaranteed by IDENTITY WEB HOST.
**IDENTITY WEB HOST guarantees the functioning of all servers. Hardware repair/replacement will begin immediately upon identification of a hardware failure.
Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, and/or NIC card located on the server.
In order for you to receive a credit on your account, you must request such credit within 72 hours after you experience a network outage or hardware failure. You must follow these steps:
- Send a request via email to with your domain or account name in the subject line.
- Include all support ticket numbers in your email.
- Include your server name, your domain name, and your full address as shown on your invoices.
- Dates and times of unavailability of your server and any additional information.
- Credits will usually be applied to the following month's service within 30 days of acceptance of the request. Credit to your account shall be the sole and exclusive remedy in the event there is a network outage or hardware failure.
All claims must be submitted via email to . Claims will be acknowledged within two business days and reviewed within ten business days of receipt. Upon coming to a decision, the customer will be notified via email whether the appropriate service credit will be issued on the next invoice or reject the claim by specifying the basis for rejection.
IDENTITY WEB HOST uses Secure Socket Layer (SSL) encryption. As a result of the SSL-based encryption, your credit card information is ALWAYS secure during transmission. A visual means of confirming this is for you to watch the small lock or key icon in your browser. While on any page where financial information is to be entered, this icon will change to a locked padlock state, denoting a secure page.
IDENTITY WEB HOST insures that all personal information being voluntarily submitted to us in the processing of your order (to be used for record and billing purposes, etc.), inclusive, but not limited to, credit card and other personal information, will be kept strictly confidential and used "solely" by IDENTITY WEB HOST, its authorized representatives, and employees; for the strict purpose for which it was intended, and for the benefit of the subscriber. We agree not to share, rent, sell, or release this information to any individual, entity, or third party, for any reason, without the specific written consent of the subscriber; with exception as required by Law, Regulation, or Governmental Authority.
IDENTITY WEB HOST is committed to protecting and securing all subscriber provided information, through the use of firewalls and additional security measures in place at its physical facilities to protect against the loss, misuse, or alteration of such information.
 Read Full Privacy Policy.
Digital Millennium Copyright Act (DMCA)
Click here for notice and procedure for making claims of Copyright Infringement.
|
|
|
|
|
|
|
