IncrediHost ("The Company") agrees to provide services to the Subscriber and is subject to the following TOS (Terms of Service). Use of IncrediHost Service constitutes acceptance and agreement to IncrediHost AUP (Acceptable Use Policy) as well as IncrediHost TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of IncrediHost and AUP. The AUP may be changed from time to time at the discretion of The Company. The Subscriber understands that changes 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 province of New Brunswick.
Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, The 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 IncrediHost shall have the right to terminate all service set forth in this Agreement.
The 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.
The establishment of the 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. All accounts and services provided by IncrediHost are subject to the current tax rate as imposed by Canadian Customs & Revenue Agency.
Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 7 days past due. Accounts not paid by due date are subject to a 2% late fee. Accounts that are not collectable by IncrediHost may be turned over to an outside collection agency for collection. If you desire to cancel your account, please follow the proper procedures outlined in Article VI.
All payments to IncrediHost, Inc. are non-refundable. This includes the 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 IncrediHost's sole discretion, is a valid charge under the provisions of the TOS and/or AUP, you agree to pay IncrediHost an "Administrative Fee" of not less than $50 and not more than $150.
The Company may temporarily deny service or terminate this Agreement upon the failure of the Subscriber to pay charges when due. Such termination or denial will not relieve the Subscriber of their responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
All requests for cancelling accounts must be made in writing with at least 14 days’ notice but not more than 60 days prior written notice and sent to IncrediHost.
IncrediHost provides 24 x 7 technical supports to its subscribers except for few holidays and short company meetings when we close our center. We limit our technical support to our area of expertise. IncrediHost does not provide technical support for YOUR customers. If you can e-mail, we encourage you to e-mail firstname.lastname@example.org for assistance.
IncrediHost takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply this means that customers of IncrediHost may not use or permit others to use our network to transact in UCE. Customers of IncrediHost may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including immediate termination of service.
The IncrediHost service provides virus protection against incoming e-mail viruses sent to your IncrediHost addresses. All incoming messages to your IncrediHost domain are scanned. It is our policy to delete affected attachments prior to delivery to your IncrediHost mailbox. IncrediHost virus protection uses the latest technologies to help ensure your protection. Virus protection is an ongoing process and it’s impossible to protect against 100% of the virus threats and unfortunately we cannot be held responsible for new viruses that are not detected by our scanning software. End-users are responsible for protecting their computers and ensuring they are virus-free. We recommend that each end -user run a local anti-virus software package on their PC for additional protection. IncrediHost will not be held responsible if your domain name is blocked by internet service providers (ISPs) for sending virus -infected e-mails. Most viruses are transmitted by e-mail, but not all. If your e-mail software is connected to another e-mail service other than IncrediHost, it is possible that virus-infected e-mail could be pulled into your IncrediHost account. IncrediHost cannot be held responsible for virus-infected e-mail originally sent to e-mail services outside of IncrediHost.
As our Customers are ultimately responsible for the actions of their clients over the IncrediHost network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
If IncrediHost assigns the Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to IncrediHost, and the Customer shall have no right to use that Internet Protocol address except as permitted by IncrediHost in its sole discretion in connection with the Services, during the term of this Agreement. IncrediHost shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to the Customer by IncrediHost. IncrediHost 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 policies. 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.
Users are prohibited from violating or attempting to violate the security of the IncrediHost Network. Violations of system or network security may result in civil or criminal liability. IncrediHost 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:
IncrediHost is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has not occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
Any User, which IncrediHost determines to have violated any element of the AUP, shall receive an e-mail, warning them of the violation. The service may be subject, at IncrediHost discretion, to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
Users that IncrediHost determines to have committed a second violation of any element of the Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice. Users that IncrediHost determines to be in constant violation of 1.17 of the Acceptable Use Policy shall be subject to an immediate account upgrade
IncrediHost reserves the right to suspend network access to any customer if in the judgment of the IncrediHost network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which IncrediHost chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
IncrediHost wishes to emphasize that in agreeing to the IncrediHost Acceptable Use Policy (AUP) and Terms of Service (ToS), the customer indemnifies IncrediHost for any violation of the AUP and Terms of Service (ToS) that results in a loss to IncrediHost or the bringing of any claim against IncrediHost by any third-party. This means that if IncrediHost is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against IncrediHost, plus all costs and attorney's fees.
You, as IncrediHost customer, are solely responsible for the content stored on and served by your IncrediHost server.
You must provide us with, and keep current, good contact information. 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.
The Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. The Company may assign this Agreement at any time without consent from or notice to the Subscriber. Company reserves the right to cancel the customers' rights under this contract at any time without further obligation.
IncrediHost takes no responsibility for any material input by others and not posted to the IncrediHost Network by IncrediHost. IncrediHost is not responsible for the content of any other websites linked to the IncrediHost Network; links are provided as Internet navigation tools only. IncrediHost 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.
IncrediHost is not responsible for any damages your business may suffer. IncrediHost does not make implied or written warranties for any parts of our services. IncrediHost 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 IncrediHost.
The 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, the 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. The 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 the 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.
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