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iValueHost, LLC reserves the right to suspend
or cancel a customer's access to any or all services provided by iValueHost,
LLC when we decide that the account has been inappropriately used.
Server abuse
Any attempt to undermine or cause harm to a server, or customer, of
iValueHost, LLC is strictly prohibited.
Unauthorized use of other people's accounts or computers iValueHost,
LLC will strongly react to any use or attempted use of an Internet
account or computer without the owner's authorization. Such attempts
include "internet scamming" (tricking other people into releasing
their passwords), password robbery, security hole scanning etc.
Any unauthorized use of accounts or computers by a iValueHost, LLC
customer, whether or not the attacked account or computer belongs
to iValueHost, LLC, will result in action against the attacker. Possible
actions include warnings, account suspension or cancellation, and
civil or criminal legal action, depending on the seriousness of the
attack.
Contents
All services provided by iValueHost, LLC may be used for lawful purposes
only. Transmission, storage, or presentation of any information, data
or material in violation of any United States Federal, State or City
law is prohibited. this includes, but is not limited to: copyrighted
material, material that is threatening or obscene, or material protected
by trade secrets and other statue. The subscriber agrees to indemnify
and hold harmless iValueHost, LLC from any claims resulting from the
use of the service which damages the subscriber or any other party.
iValueHost, LLC customers are responsable for maintaining any addon
scripts installed on our server. This includes applying any security
patches or updates to installed scripts. iValueHost, LLC has the right
to disable or remove any script found to be a risk to the server or
other customers.
Examples of non-acceptable content or links
Pirated software
Hackers programs or archives
Warez Sites
Downloading Sites
Spamming Software
iValueHost, LLC will be the sole arbiter as to what constitutes a
violation of this provision.
Downloading
We do not allow clients to use their account to distribute files via
downloading, without approving it with iValueHost, LLC. Most downloading
sites tend to be large system hogs and we cannot allow it as an account
option. These files usually come in mass in .zip files, mp3
files, and .tar files.
Abuse of Bandwidth
iValueHost, LLC's customers are privileged with a generous amount
of bandwidth per month per account. The intention of iValueHost, LLC
is to provide a large space to serve web documents, not an offsite
storage area for electronic files. All (90%) of your web pages (html)
must be 'linked' with files (.GIF, .JPEG, etc.) stored on our server.
Web sites that are found to contain either/or no html documents, a
large number of unlinked files are subject to warning, suspension
or cancellation at the discretion of iValueHost, LLC. Any customer
who violates iValueHost, LLC's Policies in abusing either space/site
transfer will be notified and given 2 days to remedy the problem.
Failure to fix the problem when being asked will result in account
suspension or cancellation at the discretion of iValueHost, LLC.
To maintain the integrity of our service the following limitations
apply:
Sites with Banners, graphics or cgi scripts running from their domain
used on other domains. Sites with picture galleries (This is any site
where 50% of the files transferred is graphics) Sites offering download
files or archives. (This is any site where 75% or more of there monthly
traffic is from file downloads). Sites using more than 30% of system
resources for longer than 60 seconds.
Traffic will go unmonitored until you reach your quota. Thereafter,
you will be asked to upgrade to the next available plan and/or pay
for excess of usage. You will receive a notice detailing your bandwidth
usage. You will have 7 days to upgrade to the next available plan
and/or pay for excess of usage. If you do not upgrade to the next
available plan your site will be disabled within 7 days of your first
notice.
iValueHost, LLC will be the sole arbiter as to what constitutes a
violation of this provision
Bandwidth Usage
If a site uses over it's allotment of bandwidth for its type of account,
the customer will be charged an additional $2.00 per GB over over
allotment per month. If a site is popular enough that is using more
than its bandwidth allotment, then the customer is expected to be
responsible for higher charges based on the amount of data transfer.
The customer acknowledges, in advance, that he/she will be charged
an additional $5.00 per GB per month if the bandwidth exceeds the
allotment for the users account. Please note that we sell in a block
of 5GB at $2.00 per GB.
The customer will be e-mailed a notice once an additional amount is
assessed to the customer account. Warnings will not be sent to notify
customer that the limit has been reached or exceeded. This term and
condition is non-negotiable.
Customers have the right to use their account for any type of legal
data transfer including providing free image services that can be
linked from the owner's account from any other service.
Backups
We try to backup accounts on all servers daily and weekly, however,
it's not our responsibility to keep them safe for you at all time.
If our servers got compromised or destroyed for any reasons, your
information might be lost, so if your web site and information in
your account are important to you, please back them up and save them
on your computer. We have this backup feature in Cpanel where you
can do it yourself as many times as you need. Your use of the service
is at your sole risk. iValueHost, LLC is not responsible for files
and/or data residing on your account. You agree to take full responsibility
for files and data transferred and to maintain all appropriate backup
of files and data stored on iValueHost, LLC servers.
99% Uptime Guarantee
If our network is down more than a cumulative 1 hour per month, we
will credit the amount of downtime over 1 hour to your next Hosting
Servide fees. Downtime is referred to as our network equipment being
down for any reasons. We do not possess control over the Internet,
therefore we cannot guarantee that you will be able to access a particular
web site due to circumstances beyond our control. When downtime occurs,
iValueHost, LLC is not liable for any damages it might cause your
business, but we'll try our best to bring the server back online as
soon as possible.
In order to receive your credit you must do the following:
- Document the outage/downtime in writing.
- Have the downtime verified by iValueHost, LLC
Unsolicited Email (Spam)
Commercial advertisements with e-mail Unsolicited commercial advertisements
are not allowed in e-mail, and will likely result in account suspension
or cancellation. Commercial advertisements are unwelcome in most Usenet
discussion groups and on most e-mail mailing lists. Inappropriate
posting may result in account suspension or cancellation. See the
newsgroup or mailing list's charter for whether advertising is allowed
or not. "Spamming," or sending a message to many different off-topic
newsgroups, is particularly unethical and will be treated as such.
Sending a message, especially an advertisement, to more than five
or six recipients, is by itself spamming unless the individuals have
specifically requested to be added to a mailing list on that topic.
E-mail is a person-to-person medium, not a broadcast medium.
Chat Rooms
We do not allow clients to install their own chat rooms, without approving
it with iValueHost, LLC. Most chat rooms tend to be large system hogs
and we cannot allow it as an account option.
Background Running Programs
We may allow programs to run continually in the background. These
are considered on a one-to-one basis and an extra charge will be incurred
based on system resources used and operational maintenance needed.
Payment Policies
All accounts are set up on a pre-pay basis. All pricing is guaranteed
for the term of pre-payment. iValueHost, LLC reserves the right to
change prices at any time, unless other terms have been agreed upon.
Any account not brought current within a week (7 days) of e-mail notice
or exceeding this time frame in any way is subject to suspension.
The customer is responsible for all money owed on the account from
the time it was established to the time that the customer notifies
iValueHost, LLC in writing for a request for termination of services.
All payment is in U.S. currency.
Cancellation
iValueHost, LLC reserves the right to cancel service at any time.
All fees paid in advance of cancellation will be pro-rated and paid
by iValueHost if iValueHost, LLC institutes its right of cancellation.
Refunds won't be applied for yearly plans unless you upgrade your
plans, the credit of old plan will be credited toward the new plan.
Any violation of policies which results in extra costs will be asked
customer to pay (i.e. transfer, space etc.). iValueHost, LLC must
be notified by client at least 3 days before billing cycle for cancellation
of service. .
Lawful Purpose
iValueHost, LLC reserves the right to refuse service to anyone. Customers
may only use our server for lawful purpose. Transmission of any material
in violation of any Federal, State or Local regulation is prohibited.
This includes, but is not limited to copyrighted material, material
legally judged to be threatening or obscene, and material protected
by trade secrets. iValueHost, LLC expressly forbids anyone from using
our servers for the propagation, distribution, housing, processing,
storing, or otherwise handling in any way lewd, obscene, or pornographic
material, or any other material which we deem to be objectionable,
including, but not limited to, pornography, satanic materials, and
any and all materials of an adult nature. The designation of any materials
as such described above is left entirely to the discretion of iValueHost,
LLC management.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold iValueHost,
LLC harmless from any and all demands, liabilities, losses, costs
and claims, including reasonable attorney's fees asserted against
iValueHost, LLC, its agents, its customers, officers and employees,
that may arise or result from any service provided or performed or
agreed to be performed or any product sold by customer, it's agents,
employees or assigns. Customer agrees to defend, indemnify and hold
harmless iValueHost, LLC against liabilities arising out of; (1) any
injury to person or property caused by any products sold or otherwise
distributed in connection with our server; (2) any material supplied
by customer infringing or allegedly infringing on the proprietary
rights of a third party; (3) copyright infringement and (4) any defective
products sold to customer from our server.
Disclaimer
iValueHost, LLC will not be responsible for any damages your business
may suffer. iValueHost, LLC makes no warranties of any kind, expressed
or implied for services we provide. iValueHost, LLC disclaims any
warranty or merchantability or fitness for a particular purpose. The
includes loss of data resulting from delays, non-deliveries, wrong
delivery, and any and all service interruptions caused by iValueHost,
LLC and its employees. iValueHost, LLC reserves the right to revise
its policies at any time.
All clients of iValueHost, LLC must adhere to the above policies.
Failure to follow any term or condition will be grounds for immediate
account deactivation and/or fines billed to the Customer.
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