ACCEPTABLE USE POLICY
TOS
This is the Acceptable Use Policy (AUP) or Terms of Service (TOS) for iDENTiTYHOSTS Web Services (herein referred to as ‘iDENTiTYHOSTS’). We try to be straight forward without a lot of confusing terms or technical jumbo. If you have any questions please email concerns@identityhosts.com
All Payments made to iDENTiTYHOSTS Web Services are non-refundable unless otherwise agreed to beforehand in writing.
You may not use your dedicated server to publish material, which iDENTiTYHOSTS Web Services determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings. While we support freedom of speech and transmission we have a non-tolerance policy concerning illegal content. We will pursue any claims brought to our attention for illegal content (including but not limited to Piracy, illegal mp3s, child-pornography, etc.). Any content we deem inappropriate might be reason for account suspension or cancellation without prior notice. When possible, we will try and give advance notice.
As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at abuse@identityhosts.com
Non-Acceptable Use is defined by the following:
Harassment: Use of the iDENTiTYHOSTS Servers to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another is not permitted.
Fraudulent activity: Use of iDENTiTYHOSTS Servers service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
SPAM: Use of the iDENTiTYHOSTS Servers service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate suspension of the offending iDENTiTYHOSTS account pending verification of it's origination.
Unauthorized Access: Use of iDENTiTYHOSTS servers to access or attempt to access other's accounts, or to penetrate or even attempt to penetrate security measures of our own, or other entity, is absolutely prohibited. This would also be grounds for inmediate suspension or termination.
Third Party Accountability: iDENTiTYHOSTS’ subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.
Your password provides access to your account. It is your responsibility to keep your password secure. Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
REPORTING VIOLATIONS OF iDENTiTYHOSTS AUP
iDENTiTYHOSTS requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at concerns@identityhosts.com.
REVISIONS TO THIS ACCEPTABLE USE POLICY
iDENTiTYHOSTS reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).
© 2005 iDENTiTYHOSTS Web Services
TOS (Terms of Service)
iDENTiTYHOSTS ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of iDENTiTYHOSTS services constitutes acceptance and agreement to iDENTiTYHOSTS' AUP as well as iDENTiTYHOSTS TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of iDENTiTYHOSTS and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the state of Florida, county of Seminole applicable to contracts enforceable in that state.
Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition iDENTiTYHOSTS shall have the right to terminate all service set forth in this Agreement.
Service Rates:
Subscriber acknowledges that the nature of the service furnished and the initial rates
and charges have been communicated to Subscriber. Subscriber is aware that the Company
may prospectively change the specified rates and charges from time to time. The
promotional offer is contingent upon Company achieving and maintaining its cost of
service goals including but not limited to rates charged to company by its suppliers.
Payment:
Establishment of this service is dependent upon receipt by the Company of payment of
stated charges. Subsequent payments are due on the anniversary date of the month for
that month's service. The above applies to all accounts and services provided by
iDENTiTYHOSTS.
Payments and Fees:
Credit cards that are declined for any reason are subject to a $1.00 declination fee.
Service will be interrupted on accounts that reach 10 days past due. Service
interrupted for nonpayment is subject to a $25 reconnect charge. Accounts not paid
by due date are subject to a $7.95 late fee. Accounts that are not collectable by
iDENTiTYHOSTS may be turned over to an outside collection agency for collection. If
your account is turned over for collection, you agree to pay the company a
"Processing and Collection" Fee of not less than $50 nor more than $150. If you
desire to cancel your account, please follow the proper procedure to do this as
outlined in this TOS.
Refund and Disputes:
All payments to iDENTiTYHOSTS are nonrefundable. This includes any one time setup
fee and subsequent charges regardless of usage. All overcharges or billing disputes
must be reported within 60 days of the time the dispute occurred. If you dispute a
charge to your credit card issuer that, in iDENTiTYHOSTS’ sole discretion is a valid
charge under the provisions of the TOS and /or AUP, you agree to pay iDENTiTYHOSTS
an "Administrative Fee" of not less than $50 and not more than $150.
Failure to Pay:
The Company may temporarily deny service or terminate this Agreement upon the failure
of Subscriber to pay charges when due. Such termination or denial will not relieve
Subscriber of responsibility for the payment of all accrued charges, plus reasonable
interest and any collection fees.
Account Cancellation:
All requests for canceling accounts must be made in writing with at least 30 days
notice but not more than 60 days prior written notice and sent to:
iDENTiTYHOSTS Web Services
Attn: Cancellations
564 Cascade Circle #110
Casselberry, FL 32707
You must have all account information to cancel.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
New Domain Accounts:
All new webhosting accounts involving new domains will be set up and entered into
our DNS servers within 24 hours of install date. Due to unforeseen complications,
however, this process may sometimes require up to 2 business days.
Transfer of Domains:
New webhosting accounts which involve the transfer of a domain from another provider
to iDENTiTYHOSTS will usually require a minimum of seven (7) days to be effective and
entered into our DNS servers. In some cases, such transfers may take up to fourteen
(14) days. Due to the unpredictable nature of the transfer process, no guarantees are
made regarding the amount of time a specific transfer may take.
Support Boundaries:
iDENTiTYHOSTS, provides technical support to our subscribers at all times. We limit
our technical support to our area of expertise. The following is our guidelines when
providing support: iDENTiTYHOSTS provides support related to your virtual site
physical functioning. iDENTiTYHOSTS does not offer tech support for application
specific issues such as cgi programming, html or any other such issue. iDENTiTYHOSTS
does not provide technical support for YOUR customers. If you can email, we encourage
you to email support@identityhosts.com for assistance. If you are able to get online
and have other questions, the answers may be on our home page at
http://www.identityhosts.com/support.php - we encourage you
to check there first. Lastly, the Help files in the program you are using may have
the answer to your question so please do investigate these resources before calling
tech support.
Spam:
Anyone hosting websites or services on your site that support spammers or cause any
of our IP space to be listed in any of the various Spam Databases will have their
server immediately removed from our network. The site will not be reestablished until
such time that you agree to remove ANY and ALL traces of the offending material
immediately upon reconnection and agree to allow us access to the server to confirm
that all material has been COMPLETELY removed. Severe violations may result in
immediate and permanent removal of the server from our network without notice to the
customer. Users found to be conducting mass mailing will be fined an additional
$500USD. Any server guilty of a second violation WILL be immediately and permanently
removed from our network without notice.
IRC:
IRC activity linked to any major IRC network is forbidden within our services.
Complaints:
Any activity that results in an abuse complaint will result in inmediate de-activation
of the site. User agrees to allow access to the server to the iDENTiTYHOSTS staff so
that they can verify what the root of the problem is. Any installed software found,
which sole purpose is to scan ports, spider e-mail addresses, abuse proxies, or any
other activity which resulted in the complaint, will be reason for inmediate account
cancellation.
Network
IP Address Ownership:
If iDENTiTYHOSTS assigns Customer an Internet Protocol address for Customer's use,
the right to use that Internet Protocol address shall belong only to iDENTiTYHOSTS,
and Customer shall have no right to use that Internet Protocol address except as
permitted by iDENTiTYHOSTS in its sole discretion in connection with the Services,
during the term of this Agreement. iDENTiTYHOSTS shall maintain and control ownership
of all Internet Protocol numbers and addresses that may be assigned to Customer by
iDENTiTYHOSTS, and iDENTiTYHOSTS reserves the right to change or remove any and all
such Internet Protocol numbers and addresses, in its sole and absolute discretion.
Our allocation of IP addresses is limited by ARIN's new policies. These new policies
state that use of IP addresses for IP based virtual hosts will not be accepted as
justification for new IP addresses. What this means to you is that you MUST use
name-based hosting where possible. We will periodically review IP address usage, and
if we find that clients are using IP addresses where name-based hosting could be used,
we will revoke authorization to use those IP addresses that could be used with
name-based hosting.
Bandwidth and Disk Usage:
Customer agrees that bandwidth and disk usage shall not exceed the number of
megabytes per month for the Services ordered by Customer on the Order Form (the
"Agreed Usage"). iDENTiTYHOSTS will monitor Customer's bandwidth and disk usage.
iDENTiTYHOSTS shall have the right to take corrective action if Customer's bandwidth
or disk usage exceeds the Agreed Usage. Such corrective action may include the
assessment of additional charges, disconnection or discontinuance of any and all
Services, or termination of this Agreement, which actions may be taken is in
iDENTiTYHOSTS' sole and absolute discretion. If iDENTiTYHOSTS takes any corrective
action under this section, Customer shall not be entitled to a refund of any fees
paid in advance prior to such action. In the event that a customer exceeds the
included allocation, iDENTiTYHOSTS may, at its sole discretion, collect a deposit,
in an amount determined by iDENTiTYHOSTS, against customer's credit card on file
with iDENTiTYHOSTS.
System and Network Security:
Users are prohibited from violating or attempting to violate the security of the
iDENTiTYHOSTS Network. Violations of system or network security may result in civil
or criminal liability. iDENTiTYHOSTS will investigate occurrences, which may involve
such violations and may involve, and cooperate with, law enforcement authorities in
prosecuting Users who are involved in such violations. These violations include,
without limitation:
Accessing data not intended for such User or logging into a server or account, which
such User is not authorized to access. Attempting to probe, scan or test the
vulnerability of a system or network or to breach security or authentication measures
without proper authorization. Attempting to interfere with service to any user, host
or network, including, without limitation, via means of overloading, "flooding",
"mail bombing" or "crashing". Forging any TCP/IP packet header or any part of the
header information in any e-mail or newsgroup posting. Taking any action in order to
obtain services to which such User is not entitled.
iDENTiTYHOSTS reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of iDENTiTYHOSTS must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.
Indemnification:
iDENTiTYHOSTS wishes to emphasize that in agreeing to the iDENTiTYHOSTS Acceptable
Use Policy (AUP) and Terms of Service (ToS), customer indemnifies iDENTiTYHOSTS for
any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that
results in loss to iDENTiTYHOSTS or the bringing of any claim against iDENTiTYHOSTS
by any third-party. This means that if iDENTiTYHOSTS is sued because of a customer's
or a customer of a customer's activity, the customer will pay any damages awarded
against iDENTiTYHOSTS, plus all costs and attorney's fees.
Miscellaneous Provisions:
You must provide us with, and keep current, good contact information for you. E-mail,
fax, and telephone contacts are used, in that order of preference.
A waiver by the Company of any breach of any provision of this Agreement by Subscriber
shall not operate as or be construed as a continuing or subsequent waiver thereof or
as a waiver of any breach of any other provision thereof.
Subscriber shall not transfer or assign this Agreement without the prior written
consent of the Company. Company may assign Agreement at anytime without consent from
or notice to Subscriber. Company reserves right to cancel customers rights under this
contract at anytime without further obligation.
iDENTiTYHOSTS takes no responsibility for any material input by others and not posted
to the iDENTiTYHOSTS Network by iDENTiTYHOSTS. iDENTiTYHOSTS is not responsible for
the content of any other websites linked to the iDENTiTYHOSTS Network; links are
provided as Internet navigation tools only. iDENTiTYHOSTS disclaims any responsibility
for any such inappropriate use and any liability to any person or party for any other
person or party's violation of this policy.
iDENTiTYHOSTS is not responsible for any damages your business may suffer.
iDENTiTYHOSTS does not make implied or written warranties for any of our services.
iDENTiTYHOSTS denies any warranty or merchantability for a specific purpose. This
includes loss of data resulting from delays, non-deliveries, wrong delivery, and any
and all service interruptions caused by iDENTiTYHOSTS.
Responsibility for Content:
You, as iDENTiTYHOSTS’ customer, are solely responsible for the content stored on and
served by your iDENTiTYHOSTS hardware.
