This User Agreement (‘Agreement’) is an agreement between Identity Website Hosting, Inc. dba Identity Web Host (IWH) and the party set forth in the related order form (Customer) attached hereto and hereby incorporated by reference (together with any subsequent order forms submitted by Customer, the ‘Order Form’), and applies to the purchase of all services (collectively, the ‘Services’) ordered by Customer on the Order Form or through any other channels IWH provides to order service. Such party is referred to in this Agreement as ‘Customer’ or ‘you’ or ‘User’. IWH reserves the right to reject this Agreement for any reason or no reason, prior to acceptance thereof by IWH. Activation of the Services shall indicate IWH’s acceptance of this Agreement. Subject to the terms and conditions of this Agreement, IWH will provide to Customer the Services selected by Customer set forth on the Order Form. IWH reserves the right to refuse service to anyone. Customer hereby represents that he, she or it is either, an individual entering this Agreement for his or her personal use and is over 18 years of age, or a corporation, limited partnership or other legal entity, duly organized and in good standing under the laws of the state of its organization and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer.
IWH may amend or otherwise modify this User Agreement (‘Agreement’). Customer agrees that IWH’s posting of any amendments or modifications to this website shall constitute adequate notice to Customer and that Customer shall periodically consult this web page for any changes or amendments to this Agreement. IWH may, but is under no obligation to, provide additional notice of any amendment, modification or update of this Agreement via email to Customer. If any material modification to this Agreement is unacceptable to Customer it shall be Customer’s responsibility to terminate their subscription as provided in this Agreement. If Customer does not terminate the Agreement within 10 days of the material modification then Customer’s continued use will mean that Customer has accepted the amended or modified Agreement.
All services may be used for lawful purposes only. Through IWH’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 IWH 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.
IWH is not obligated to monitor the network to examine available content. You hereby acknowledge that if IWH is made aware of content that is determined to be, in its sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, IWH has the right, but not the obligation, to edit, remove or deny access to such content. IWH 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 IWH 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 IWH’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; e.g. 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 – IWH prohibits hosting IRC or IRC Bots of any kind from its servers or network.
- Proxies – IWH prohibits proxy servers of any kind from its servers or network.
- Port Scanning – IWH prohibits ports scanning of any kind to be done from its servers or network.
- Streaming – IWH prohibits the streaming of Sporting Events, Television Channels, Pay Per View, or Copyrighted Material.
You must not use the IWH Network, IWH equipment or any IWH 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 IWH Network, IWH equipment or any IWH 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, IWH reserves the right to disable your domain. In addition, IWH may impose a $100 penalty for each spam policy violation. IWH solely reserves the right to refuse or cancel service to known spammers. Lastly, IWH reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.
Distribution and/or Transmission of Obscene or Indecent Speech or Materials
Violation of indecency and obscenity laws can result in criminal penalties.
Intellectual Property Rights
Material accessible to you through IWH’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 IWH 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 IWH Network. If you use a domain name in connection with the IWH 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.
Customer agrees that it will protect, indemnify, save and hold IWH harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney’s fees assessed against IWH, 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 IWH harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed in association with IWH’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 IWH’s Services.
IWH will not be responsible for any damages your business may suffer. IWH makes no warranties of any kind, expressed or implied for services IWH provides. IWH 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 IWH and its employees. IWH reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.
IWH 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, IWH wishes to emphasize that in accepting services, Customers indemnify IWH for the violation of any law or IWH policy, that results in loss to IWH or the bringing of any claim against IWH. This means that if IWH is sued because of activities of the Customer that violate any law, or this policy, the Customer will pay any damages awarded against IWH, plus costs and reasonable attorneys’ fees.
Lifetime Price Guarantee
Customer’s recurring hosting fee will be the same, indefinitely. The fee will never increase for as long as the account is active.
IWH will use commercially reasonable efforts to make IWH servers available 99.9% of the time during each month. If IWH is unable to meet this Service Level, you will be eligible to receive a credit.
For the purposes of this Agreement, Unavailability means that the IWH service is unresponsive for more than 60 seconds of consecutive requests.
Unavailability that is a result of scheduled maintenance is excluded from these conditions and will not be considered for service credit calculations. Scheduled maintenance is defined as maintenance that is announced at least 5 days in advance, and does not exceed one hour in any month.
Service credits will be calculated by dividing the number of minutes of Unavailability by the total number of minutes in the month. That percentage will be multiplied by the month’s service fee and issued as a credit.
Service credits must be claimed within 14 days of the unavailability occurring by contacting IWH. Include as much detail as required to document the Unavailability. 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 or reject the claim by specifying the basis for rejection.
Payments are automatically processed using the credit card on file. If the credit card information has changed, please login to My Account to update it. If the credit card on file declines, an email will be sent notifying you. The card is retried after 1, 3, and 5 days and you will be notified by email to update the card if it continues to fail. If the card declines after the fourth try, the Subscription will be suspended.
Accounts that are 28 or more days overdue are automatically terminated.
If your account is terminated, all website files, data, and/or email remaining on the server will be PERMANENTLY DELETED.
Cancellation of Services
Cancellations are done online. Simply login to My Account and go to Subscriptions and cancel your account.
IWH does not provide pro-rata refunds for canceled services, even for unused portions. Cancellation requests are completed immediately.
IWH does not monitor Customer usage and will not automatically cancel a service for non-usage. Refunds will not be issued for fees charged after a domain has been transferred off IWH’s network without proper cancellation or due to non-usage.
Services that are terminated will be removed from IWH servers and all the information contained within deleted permanently.
Last Updated: October 15, 2016