icanahost.com Acceptable Use Policy ("AUP") is provided to give our
customers and users a clear understanding of what icanahost.com
expects of them while using the service. All users of icanahost.com
services: those who access some of our Services but do not have accounts,
as well as those who pay a service fee to subscribe to the Services, must
comply with this AUP and our TOS (Terms of Service). Use of
icanahost.com Service constitutes acceptance and agreement to
icanahost.com AUP as well as icanahost.com TOS (Terms of Service)
icanahost.com's services may only be used for
lawful purposes. Transmission of any material in violation of
International, Federal or State regulation is prohibited. This includes
but is not limited to: material legally judged to be threatening or
obscene, or material protected by trade secret laws.
If you are found in violation of the
icanahost.com Hosting Acceptable Use Policy and Terms of Use. Your
account will be terminated without notice and you will forfeit all of
the moneys that have been paid to icanahost.com.
Examples of content that is not acceptable on
icanahost.com Servers: "Pirated software" or "Warez", "Hacker
programs and/or archives", "IRC Bots", "Gambling Related","Copy righted
Mp3's", cgi-based message boards.
You specifically agree to indemnify and hold icanahost.com harmless
from any claims resulting from a breach of these terms, and/or their use
of the service, which damages another.
Warez - Includes pirated software, ROMS, emulators,
phreaking, hacking, password cracking. IP spoofing, etc., and encrypting
of any of the above. Also includes any sites which provide "links to" or
"how to" information about such material.
We welcome and allow adult sites
. All adult sites must have a warning entrance page that doesn't
contain any nudity, all models must be 18+, and you must abide by all
laws within the USA AND your country if different from USA
Spam
SPAM in any shape or form is NOT permitted and is
grounds for immediate account termination. Mailing lists via a mailing
list manager are acceptable as long as the list are OPT-IN list that
people have signed up for. Spam complaints from other users will not be
tolerated.
Internet Relay Chat (IRC) traffic is not permitted on
our servers in any of its many forms including, but not limited to: bots
and IRC servers. Chat rooms may be allowed on per use basis, so please
ask one of our support staff before setting one up. (Some cgi/perl based
chat rooms over utilize the server processor.)
Web Site Hosting And Email
We make no representation and give no warranty as to
the accuracy or quality of information received by any person via the
Server and we shall have no liability for any loss or damage to any data
stored on the Server.
You shall effect and maintain adequate insurance
coverage in respect of any loss or damage to data stored on the Server.
You represent, undertake and warrant to us that you will use the Web
Site allocated to you only for lawful purposes. In particular, you
represent, warrant and undertake to us that you will not use the Server
in any manner which infringes any law or regulation or which infringes
the rights of any third party, nor will you authorize or permit any
other person to do so.
You shall not post, link to or transmit: (a) Any
material, which is unlawful, threatening, abusive, malicious,
defamatory, blasphemous, profane or otherwise
objectionable in any way. (b) Any material containing a virus or other
hostile computer program. (c) Any material which constitutes, or
encourages the commission of, a criminal offence or which infringes any
patent, trade mark, design right, copyright or any other intellectual
property right or similar rights of any person which may subsist under
the laws of any jurisdiction.
You shall keep secure any identification, password
and other confidential information relating to your account and shall
notify us immediately of any known or suspected unauthorized use of your
account or breach of security, including loss, theft or unauthorized
disclosure of your password or other security information.
You shall observe the procedures, which we may from time to time
prescribe and shall make no use of the Server, which is detrimental to
our other customers.
You shall procure that all mail is sent in accordance
with applicable legislation (including data protection legislation) and
a secure manner.
In the case of an individual User, you warrant that
you are at least 18 years of age and if the User is a company, you
warrant that the Services will not be used by anyone under the age of 18
years.
Any access to other networks connected to
247NetHosting.com must comply with the rules appropriate for those other
networks.
while we will use every reasonable endeavor to ensure
the integrity and security of the Server, we do not guarantee that the
Server will be free from unauthorized users or hackers and we shall be
under no liability for non-receipt or misrouting of email or for any
other failure of email.
Intellectual Property Rights
you shall obtain any and all necessary consents and
clearances to enable you lawfully to make use of all and any
intellectual property rights through the Services, including without
limitation, clearance and/or consents in respect of your proposed domain
name.
We shall use our reasonable endeavors to make
available to you at all times the Server and the Services but we shall
not, in any event, be liable for interruptions of Service or down-time
of the Server.
We shall have the right to suspend the Services at
any time and for any reason without notice, but if such suspension lasts
or is to last for more than 30 days you will be notified of the reason.
The Services provided to you hereunder and your
account with us cannot be transferred or used by anyone other than you.
No more than one login session under any one account may be used at any
time by you. User programs may be run only during login sessions. If
your account is found to have been transferred to another party, or
shows other activity in breach of this sub clause, we shall have the
right to cancel the account and terminate the Services and/or this
Agreement immediately.
Termination
We can not stress this enough the following sites
are prohibited: hate, warez, illegal anything, illegal content, software
trading, download libraries, chat room programs, internet search
engines, copyright infringement, trademark infringement, bulk emailing,
unsolicited emailing, newsgroup spamming, spam, spam related products
and/or "anything else determined by us to be unacceptable use of our
Hosting Services servers including abuse of server resources will be
grounds for immediate termination of service without notice" are
expressively forbidden and sites containing banned materials are subject
to immediate termination without refund.
Without in any way limiting our (icanahost.com)
rights.
If a site violates these terms in any way, shape,
or form, the site will be deleted from our network. If 2 violations
occur within a 90 day period the site will be blocked from our network.
Our warning schedule is below.
First Warning
When you (or your clients) upload illegal content
you (or your clients) are knowingly violating the terms of service.
Therefore there is no need for a first warning. When you upload illegal
files which violate these terms you know what you are doing is against
our policies.
Second Warning
There is no second warning, the domain is deleted.
You may recreate the domain, however if illegal content is found on this
domain again the domain will be blocked from our servers.
Questionable Situations
If we find content that is questionable and may or
may not violate the terms of service we will contact you. An example of
a situation like this is a band hosting their own music on our servers.
However, you can avoid this step if you notify us. If you are a band or
if you are planning to upload a large amount of files that are
questionable please notify us before you upload so we are aware of the
situation. This will keep everyone happy.
if you fail to pay any sums due to us as they fall
due, we may suspend the Services and/or terminate this Agreement
forthwith without notice to you.
if you break any of these terms and conditions, we
may terminate this Agreement forthwith upon written notice.
if you are a company and you go into insolvent
liquidation or suffer the appointment of an administrator or
administrative receiver or enter into a voluntary arrangement with your
creditors, we shall be entitled to terminate this Agreement forthwith
without notice to you.
On termination of this Agreement or suspension of the
Services we shall be entitled immediately to block your Web Site and to
remove all data located on it. We shall be entitled to delete all such
data but we may, at our discretion, hold such data for such period as we
may decide to allow you to collect it at your expense, subject to
payment in full of any amounts withstanding and payable to us. We shall
further be entitled to post such notice in respect of the
non-availability of your Web Site as we think fit.
Accounts may be cancelled by the user with a 7 day
notice. 247NetHosting reserves the right to cancel any account with or
without notice..
icanahost.com expects that its subscribers who
provide Internet services to others will comply fully with all
applicable laws concerning the privacy of on-line communications. A
subscriber's failure to comply with those laws will violate
icanahost.com policy. Finally, icanahost.com wishes to emphasize
that in signing the service agreement, subscribers indemnify
icanahost.com for any violation of the service agreement, law, or
icanahost.com policy, that results in loss to icanahost.com or
the bringing of any claim against icanahost.com by any third-party.
This means that if icanahost.com is sued because of a subscriber's
or customer of a subscriber's activity, the subscriber will pay any
damages awarded against icanahost.com , plus costs and reasonable
attorneys' fees.
All conditions, terms, representations and warranties
relating to the Services supplied under this Agreement, whether imposed
by statute or operation of law or otherwise, that are not expressly
stated in these terms and conditions including, without limitation, the
implied warranty of satisfactory quality and fitness for a particular
purpose are hereby excluded.
Our total aggregate liability to you for any claim in
contract, tort, negligence or otherwise arising out of or in connection
with the provision of the Services shall be limited to the charges paid
by you in respect of the Services, which are the subject of any such
claim.
In any event no claim shall be brought unless you
have notified us of the claim within 6 months of it arising.
In no event shall we ever be liable to you for any
loss of business, contracts, profits or anticipated savings or for any
other indirect or consequential or economic loss whatsoever.
Any notice to be given by either party to the other
may be sent by either email, fax or recorded delivery to the address of
the other party as appearing in this Agreement or ancillary application
forms or such other address as such party may from time to time have
communicated to the other in writing, and if sent by email shall unless
the contrary is proved be deemed to be received on the day it was sent
or if sent by fax shall be deemed to be served on receipt of an error
free transmission report, or if sent by recorded delivery shall be
deemed to be served two days following the date of posting.
All payments must be in US Dollars. PayPal and Credit
Card (Visa, MasterCard, American Express and Discover) is
currently the method of payment used by icanahost.com. We do also
accept Check and Money order. Please
contact us to pay via
money order or paypal.
All charges payable by you for the Services shall be
in accordance with the scale of charges and rates published from time to
time by us on our web site and shall be due and payable in advance of
our service provision.
Without prejudice to our other rights and remedies
under this Agreement, if any sum payable is not paid on or before the
due date, we shall be entitled forthwith to suspend the provision of
Services to you.
Headings are included in this Agreement for
convenience only and shall not affect the construction or interpretation
of this Agreement.
These terms and conditions together with any
documents expressly referred to in them, contain the entire Agreement
between us relating to the subject matter covered and supersede any
previous Agreements, arrangements, undertakings or proposals, written or
oral: between us in relation to such matters. No oral explanation or
oral information given by any party shall alter the interpretation of
these terms and conditions. In agreeing to these terms and conditions,
you have not relied on any representation other than those expressly
stated in these terms and conditions and you agree that you shall have
no remedy in respect of any misrepresentation, which has not been made
expressly in this Agreement.
Misuse Of Resources
Including but not limited to employing applications
which consume excessive CPU time. Chat/IRC, web proxy and mailing list
scripts are not allowed on our network under any circumstances.
Streaming media can be a drain on web server resources and as such is
not allowed. CGI based message forums which use flat file databases are
often found to use excessive system resources, to avoid disappointment
please use a PHP/ASP message forum.
If you are unsure about content you intend to place
on our network, please check with us before you do. We reserve the right
to determine what constitutes acceptable use. We may amend these terms
of service with or without notice.
You are responsible for any domains that are placed
onto our servers.
We do reserve the right to edit the terms of
service at any time with or without notice.
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