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IH Solutions Internet
Services agrees to furnish services to the Subscriber, subject to
the following TOS (Terms of Service). Use of Our Service constitutes
acceptance and agreement to IH Solutions AUP as well as TOS (Terms
of Service).
All provisions of this contract are subject to the TOS (Terms of
Service) 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.
Note: Pornography and sex-related merchandising are prohibited
on any of our Internet Services server EXCEPT those on servers that
have clearly stated that such content is allowed upon signing up.
This includes sites that may infur 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 IH Solutions
Internet Services 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 we
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 IH Solutions.
Payments and Fees: Credit cards that are declined for any
reason are subject to a $5.00 declination fee. Service will be interrupted
on accounts that reach 10 days past due. Service interrupted for
nonpayment is subject to a $50.00 reconnect charge. Accounts not
paid by due date are subject to a $10.00 late fee. Accounts that
are not collectable by IH Solutions may be turned over to an outside
collection agency for collection.
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 by sending us an Email to
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with
Subject as "Account Cancellation". Termination requests received
will take effect immediately, that means you're not required to
pay for Service 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 the
Service.. 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, IH Solutions 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 IH Solutions 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: IH Solutions provides 24 x 7 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: IH Solutions
provides support related to your services or virtual site physical
functioning. IH Solutions does not offer tech support for application
specific issues such as cgi programming, html or any other such
issue.
SPAM and Unsolicited Commercial Email (UCE): IH Solutions 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 IH Solutions may not use our network to transact in
UCE. Customers of IH Solutions may not host, sites or information
that is advertised by UCE from other networks. Violations of this
policy carry severe penalties, including termination of service.
Violation of IH Solutions SPAM policy will result in severe penalties.
Upon notification of an alleged violation of our SPAM policy, IH
Solutions will initiate an immediate investigation (within 48 hours
of notification). During the investigation, IH Solutions may restrict
customer access to the network to prevent further violations. If
a customer is found to be in violation of our SPAM policy, IH Solutions
may, at its sole discretion, restrict, suspend or terminate customer's
account. Further, IH Solutions reserves the right to pursue civil
remedies for any costs associated with the investigation of a substantiated
policy violation. IH Solutions 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 IH Solutions personnel must spend to investigate the matter.
PLEASE, DO NOT SPAM from your account.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites that support spammers
will have their services immediately disabled. The services will
not be enabled until such time that you agree to remove 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
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").
IH Solutions will monitor Customer's bandwidth and disk usage. IH
Solutions 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 IH Solutions sole and
absolute discretion. If IH Solutions 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, IH Solutions may, at
its sole discretion, collect a deposit, in an amount determined
by IH Solutions, against customer's credit card on file with IH
Solutions.
System and Network Security: Users are prohibited from violating
or attempting to violate the security of the IH Solutions Network.
Violations of system or network security may result in civil or
criminal liability. IH Solutions 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:
IH Solutions 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 IH Solutions 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 IH Solutions discretion to a temporary suspension
pending a User's agreement in writing, to refrain from any further
violations.
Second Violation: Users that IH Solutions 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: IH Solutions reserves the
right to suspend network access to any customer if in the judgment
of the IH Solutions network administrators the customer's account
is the source or target of the violation of any of the other terms
of the AUP or for any other reason which IH Solutions 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.
IH Solutions reserves the right to amend its policies at any time.
All Account Holders of IH Solutions must adhere to the above policies.
Failure to follow any term or condition will be grounds for immediate
Cancellation.
Indemnification: IH Solutions wishes to emphasize that in
agreeing to the IH Solutions Acceptable Use Policy (AUP) and Terms
of Service (ToS), customer indemnifies IH Solutions for any violation
of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that
results in loss to IH Solutions or the bringing of any claim against
IH Solutions by any third-party. This means that if IH Solutions
is sued because of a customer's or a customer of a customer's activity,
the customer will pay any damages awarded against IH Solutions,
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.
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.
IH Solutions takes no responsibility for any material input by others
and not posted to the IH Solutions Network by IH Solutions. IH Solutions
is not responsible for the content of any other websites linked
to the IH Solutions Network; links are provided as Internet navigation
tools only. IH Solutions 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.
IH Solutions is not responsible for any damages your business may
suffer. IH Solutions does not make implied or written warranties
for any of our services. IH Solutions 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 IH Solutions customer, are solely
responsible for the content stored on and served by your account.
COPY OF THIS TOS IS PROHIBITED
This Terms of Service was Framed Legally and IH Solutions Reserves
all Rights to take Necessary Actions if this TOS is found to be
used with another Company name in any other Places on the Internet,
other than IH Solutions Providing Respective permission for displaying
it.
Copying, Modifying, Producing with different name, Using it on other
Sites of this TOS is Strictly Prohibited and it is the Criminal
Offense, when he/she is Found Guilty IH Solutions takes Appropriate
Actions against such Offense on the Person using it.
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