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Last Update: Wednesday
28 April 2004
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IMPORTANT NOTICE: *All Payments To InfernoHost Are Non-Refundable*
InfernoHost ("The Company") agrees to furnish services to
the Subscriber, subject to the following TOS (Terms of Service).
Use of InfernoHost Service constitutes acceptance and agreement to
InfernoHost's AUP as well as InfernoHost's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of
Service) of InfernoHost 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 Western Australia.
Note: Pornography and sex-related merchandise are prohibited
on any InfernoHost server. This includes sites that may infer sexual
content, or links to adult content elsewhere. This is also true for
sites that promote
any illegal activity or content that may be damaging to InfernoHost
servers or any other server on the internet. Links to such materials
are also prohibited.
All IRC related activities are strictly prohibited and can be cause
for immediate account termination!
- 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 InfernoHost 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 InfernoHost.
- Payments and Fees: Accounts will be billed in advance for the month
of service. If you sign up and receive service today, we will bill
you today for the next 30 (or 28/31) days for service. No refunds
will be processed
without "cause". Credit cards that are declined for any reason
are subject to a $2.00 declination fee. Service will be interrupted
on accounts that reach 10 days past due, and will be subject to
a $5.00 late fee for each month that your account remains outstanding.
Accounts
that are not collectable by InfernoHost 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 $20 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 InfernoHost 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 InfernoHost's
sole discretion is a valid charge under the provisions
of the TOS
and/or AUP, you agree to pay InfernoHost an "Administrative Fee" of not
less than $20 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: Request for termination of user accounts
can be made through the InfernoPanel. Termination requests received
will take effect immediately, that means you're not required to
pay for web hosting plan
fee for that month, if termination request is received after the
fee charged in that month, which is not refundable, that means
starting from following
month you'll not be charged for web hosting fee. Subscription fees
for additional services such as added space and bandwidth transfer
will be charged for the entire month regardless of whether the
request for their
termination is received prior to the effecting of the said
services.
- 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 Domains: Payment made for domain registration will not be refundable in all cases, including those that
involve mistakes committed by any persons, InfernoHost staff or not, at any stage of the domain registration process. A confirmation e-mail will be sent
to registrants within 24 hours of the submission of the domain name purchase order.
- Transfer of Domains: New web hosting accounts which involve the
transfer of a domain from another provider to InfernoHost will require
a minimum of seven (7) days to be set up and entered into our DNS servers.
In some cases, such transfers may
take up to sixty (60) 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: InfernoHost provides technical support to
our subscribers (except for few holidays and short company meetings).
We limit our technical support to our area of expertise. The following
is our guidelines
when providing support:
InfernoHost provides support related to
your services or virtual site physical functioning. InfernoHost
does not offer tech support for application specific issues such
as CGI programming,
html or any other such issue. InfernoHost does not provide technical
support for YOUR customers.
- SPAM and Unsolicited Commercial Email (UCE): InfernoHost takes
a zero tolerance approach to the sending of Unsolicited Commercial
Email (UCE) or SPAM over our network. Very simply this means that
customers of
InfernoHost may not use or permit
others to use our network to transact in UCE. Customers of InfernoHost
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 termination of service.
- Violation of InfernoHost's SPAM policy will result in severe penalties.
Upon notification of an alleged violation of our SPAM policy,
InfernoHost will initiate an immediate investigation (within 48 hours of
notification).
During the investigation, InfernoHost
may restrict customer access to the network to prevent further violations.
If a customer is found to be in violation of our SPAM policy,
InfernoHost may, at its sole discretion, restrict, suspend or terminate
customer's
account. Further, InfernoHost reserves the right to pursue
civil remedies for any costs associated with the investigation of
a substantiated policy violation. InfernoHost will notify law enforcement
officials if the violation is believed to be a criminal offense.
- First violations of this policy will result in an "Administrative Fee" of
$250 and your account will be reviewed for possible immediate termination.
A second violation will result in an "Administrative Fee" of $500 and immediate
termination of your account. Users who violate this policy agree that in
addition to these "Administrative" penalties, they will pay "Research Fees" not
to exceed $175 per hour that InfernoHost personnel must spend to
investigate the matter. PLEASE, DO NOT SPAM from your account.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting web sites or services on their
server that support spammers or cause any of our IP space to be
listed in any of the various Spam Databases will have their services
immediately disabled.
The services will not be enabled
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 account to confirm that all material
has been COMPLETELY removed.
Severe violations may result in immediate and permanent removal
of the account from our network without notice to the customer. Any
account guilty of a second
violation
WILL be immediately and permanently removed from our network without
notice.
- Network
- IP Address Ownership: If InfernoHost assigns Customer an Internet Protocol address for Customer's use, the
right to use that Internet Protocol address shall belong only to InfernoHost, and Customer shall have no right to use that Internet Protocol
address except as permitted by InfernoHost in its sole discretion in connection with the Services, during the term of this Agreement.
InfernoHost shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by InfernoHost,
and InfernoHost reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute
discretion.
- IP Address Usage: Any customer caught using an IP address that has not been assigned to them agrees to pay a $25
fee. The domain caught using the offending IP address can be disabled or deleted at the discretion of InfernoHost.
- 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").
InfernoHost will monitor Customer's bandwidth and disk usage. InfernoHost
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 InfernoHost's
sole and absolute discretion. If InfernoHost 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, InfernoHost may, at its sole discretion,
collect a deposit, in an amount determined by InfernoHost, against
customer's credit card on file with InfernoHost.
- System and Network Security: Users are prohibited from violating or attempting to violate the security of the
InfernoHost Network. Violations of system or network security may result in civil or criminal liability. InfernoHost 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.
- Notification of Violation:
- InfernoHost is under no duty to look at each customer's or user's activities
to determine if a violation of the AUP has occurred,
nor do we assume any responsibility through our AUP to monitor
or police Internet- related activities.
- First violation: Any User, which InfernoHost determines to have violated
any element of this Acceptable
Use Policy, shall receive an email, warning them of the violation. The
service may be subject at InfernoHost's discretion to a temporary suspension
pending a User's agreement in writing, to refrain from any further violations.
- Second Violation: Users that InfernoHost determines to have committed
a second violation of any element of this Acceptable Use Policy shall be
subject to immediate suspension or termination of service without further
notice.
- Suspension of Service or Cancellation: InfernoHost reserves the
right to suspend network access to any customer if in the judgment
of the InfernoHost network administrators the customer's account
is the source
or target of the violation of any of the other terms
of the TOS or AUP, or for ANY other reason which InfernoHost 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 account
was suspended. The customer will also not be credited for any fees
if their account has been terminated.
- InfernoHost reserves the right to amend its policies (without notice)
at any time. All customers of InfernoHost 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.
- Indemnification: InfernoHost wishes to emphasize that in agreeing
to the InfernoHost Acceptable Use Policy (AUP) and Terms of Service
(TOS), customer indemnifies InfernoHost for any violation of the
Acceptable Use
Policy (AUP) and Terms of Service (TOS) that results in loss to
InfernoHost or the bringing of any claim against InfernoHost by
any third-party. This means that if InfernoHost is sued because
of a customer's or a customer
of a customer's activity, the customer will
pay any damages awarded against InfernoHost, plus all costs and attorney's
fees.
- Miscellaneous Provisions: You must provide us with, and keep current,
good contact information for you. E-mail, telephone and fax contacts
are used, in that order of preference. This can be done via the InfernoPanel. Your email address must also be kept up to date in your cPanel account, as this address is used for all mailouts.
- 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.
- InfernoHost takes no responsibility for any material input by others and
not posted to the InfernoHost Network by InfernoHost. InfernoHost
is not responsible for the content of any other web sites linked
to the InfernoHost Network; links are provided as Internet navigation
tools only.
InfernoHost 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.
- InfernoHost is not responsible for any damages your business may suffer.
InfernoHost does not make implied or written warranties for any
of our services. InfernoHost 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
including equipment failure.
- Responsibility for Content: You, as InfernoHost's customer, are solely responsible for the content stored on and
served by your account.
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