By submitting the online order form, Customer hereby agrees to the following:
Additionally, in consideration for hosting services to be delivered, Customer agrees to be bound to the following terms:
1. Indemnification. Customer agrees to indemnify and hold harmless Company and the employees and agents of Company (each an "Indemnified Party") against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Customer's use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys' fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
2. Limitation on Company Liability. Company shall not be deemed to be in default of any provision of this Agreement or be liable for any failure of performance of the Services and Products to Customer resulting, directly or indirectly, from any (i) weather conditions, natural disasters or other acts of God, (ii) action of any governmental or military authority, (iii) failure caused by telecommunication or other Internet provider, or (iv) other force or occurrence beyond its control. The exclusive remedy against Company for any damages whatsoever to Customer arising out of or related to this Agreement shall be the refund of the fees paid by Customer to Company with respect to the then current term of this Agreement. COMPANY SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY'S SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS COMPANY PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND COMPANY SHALL HAVE NO LIABILITY THEREFORE.
3. Notices. Unless otherwise specified herein, any notices or other communications required or permitted hereunder shall be sufficiently given if in writing and delivered personally or sent by facsimile transmission, internationally recognized overnight courier, registered or certified mail, to the address or facsimile number of Customer as set forth in the Service Descriptions or Company as set forth below. Such notices or other communications shall be deemed received (i) on the date delivered, if delivered personally, (ii) on the date that return confirmation is received, if sent by facsimile, (iii) on the business day (or, if international, on the second business day) after being sent by an internationally recognized overnight air courier or (iv) five days after being sent, if sent by first class registered mail, return receipt requested. iNETFX internet services, 14 Hillier Road, London, SW11 6AU, Attention Accounting Manager, Facsimile Number (0871)247-6374.
4. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.
5. Customer Cancellation or Non-Renewal. In order to cancel or elect not to renew any product or service, Customer must submit a cancellation request from within the client area (or in the case of a domain, disable the auto renew feature) AT LEAST 2 DAYS prior to the product or service expiring. CUSTOMER ACKNOWLEDGES AND AGREES THAT NO PRODUCT OR SERVICE WILL BE CANCELLED, ALL PRODUCTS AND SERVICES SHALL CONTINUE TO RENEW AND CUSTOMER WILL CONTINUE TO BE BILLED FOR ALL PRODUCTS AND SERVICES UNLESS CUSTOMER SUBMITS CANCELLATION REQUEST FROM WITHIN THE CLIENT AREA.
6. Miscellaneous. Failure by either Company or Customer to enforce any of the provisions of this Agreement or any rights with respect hereto or the failure to exercise any option provided hereunder shall in no way be considered to be waiver of such provisions, rights or options, or to in any way affect the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
Introduction and Purpose
This document sets forth the principles, guidelines and requirements of the Acceptable Usage Policy of iNETFX Internet Services, Inc. ("Company") governing the use by the Customer ("Customer") of the Company's services and products ("Services and Products"). The Purpose of Company's Acceptable Usage Policy, hereinafter referred to as the AUP, is to comply with all federal, state, and local laws coupled with protecting the network security, network availability, physical security, Customer privacy, and other factors affecting the services provided by Company. Company reserves the right to impose reasonable rules and regulations regarding the use of its services provided to all Customers and such rules and regulations are subject to change. Such rules and regulations are located on the Internet at http://www.inetfx.net/tos.html. The AUP is not an all inclusive exhaustive list and Company reserves the right to modify the AUP at any time as needed, effective upon either the posting of the modified AUP to http://www.inetfx.net/tos.html or notification to the Customer via email. Acceptance and execution of the Master Services Agreement binds all parties to Company stated AUP at the time the contract is executed and as modified from time to time. Any violation of the AUP may result in the suspension or termination of Customer account(s) or such other action as Company deems appropriate. No credits will be issued for any interruption in service resulting from policy violations.
VIOLATION OF ANY SECTION OF THE AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES CUSTOMER RECEIVES FROM COMPANY.
Any questions or comments regarding the AUP should be directed to email@example.com.
Compliance with Law
Customer shall not post, transmit, re-transmit or store material on or through any of Services or Products which, in the sole judgment of the Company (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons") or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Customer. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.
System and Network Security
Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. Company investigates all incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected.
Examples of system or network security violations include, without limitation, the following:
Company will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over Company network, and will be liable for illegal material posted by their clients.
According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.
Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights; including creating, utilizing, distributing unauthorized copies of software, or the use of BitTorrent or other types of technologies utilized in the distribution of illegally copied materials. If Customer copies, distributes or installs software in defiance of the license agreement, Customer is violating federal copyright law. Company will cooperate with all law enforcement agencies in relation to alleged copyright infringement housed in our datacenters.
Data Unlawful or Against the AUP: Promoting violation of the law or the AUP by hosting data that facilitates the violation is prohibited, including but not limited to:
High Resource User Policy
Resources are defined as memory and/or processor utilisation.
Company may implement the following policy to its sole discretion:
This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers.
Bandwidth Overage Policy
Bandwidth is defined as amount of Data Transfer used per month.
If Customer exceeds their monthly bandwidth limit, they will be alerted via email and have 14 days to purchase an additional bandwidth block. If this action is not taken, Company reserves the right to charge Customer "Bandwidth Overage" Charges at £1.00/Gigabyte per month charged yearly and pro rata to current hosting plan. If Overage Charge Payment is not made within 14 days of invoice being raised, all services associated with hosting plan will be suspended and subject to a £20 re-activation fee.
Email Spam. Company has a zero stance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Company whether or not the message actually originated from our network.
Block Removal. If Customer actions have caused Company mail servers or Company IP address ranges to be placed on black hole lists and other mail filtering software systems used by companies on the internet, Customer will be assessed a £100 charge to Customer account and £100 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.
Mass Mailings: Sending mass unsolicited email is considered spam. Unsolicited email is defined as email sent to a recipient who has not double-opted in to mailings from the Customer. Senders of mass mailings must maintain complete and accurate records of all opt-ins, including the email and its headers if applicable, and provide such records to Company upon request. If positive and verifiable proof of opt-in cannot be provided, complaints from recipients of the mailing are considered proof they did not subscribe and the mailing is unsolicited.
Mailing Lists: Company's mass mailing rules also apply to mailing lists, list servs, or mailing services contracted for by Customer. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for e-mail information using a double opt-in process or that has made their e-mail address available to Customer for distribution of information. The list must also allow for automatic removal by all end Customers with non-distribution in the future.
By agreeing to this AUP, Customer affirms that the contact and payment information provided to Company identifies Customer and that Customer is authorized to use the payment method. Commitment of fraud, obtaining services, or attempting to obtain services by any means or device with intent to avoid payment is prohibited.
Personal accounts are to be used by the primary owner only. Customer is not permitted resell, store or give away web-hosting services of their website to other parties (excludes to reseller packages). Web hosting services are defined as allowing a separate, third party to host content on the Customer's web site. Exceptions to this include ad banners, classified ads, and personal ads.
Resellers are responsible for the conduct of their customers and by agreeing with this AUP, agree that their customers will adhere to the AUP. Resellers should make their prospective Customers aware of the AUP and the consequences for violation.
All Customer files on services which feature a backup policy are backed up at 5am every day and stored in an offsite location. These backups are kept in a 7 revision rotation, where the last 7 revisions of a file will be available to Customer. Deleted files are kept on backup for 7 days before being permanently removed.
No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the Customer's responsibility to maintain local copies of their account content and any important information. If loss of data occurs due to an error of Company, Company will attempt to recover the data for no charge to Customer. If data loss occurs due to negligence of Customer in securing their account or by an action of Customer, Company reserve the right to charge an administrative fee for restoration of data. Customer is fully responsible for obtaining any required insurance cover to protect against any possible loss of data held on our servers.
If no backup policy is specified with a service, then Company can make no guarantee that Customers files will be backed up on a regular basis.
Suspension and Cancellation
Company will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. Company reserves the sole right to suspend service to any Customer for violation of the AUP without notice. Company reserves the right to terminate service without notice for any violations of the AUP.
Violations of the AUP will result in the following:
72 hours is the standard notification; situations involving law enforcement, phishing, fraud, password harvesting, network interference, Denial or Disruption of service, IRC mis-use, or other malicious activity can reduce the notification time frame.
Failure to resolve the AUP violation within 72 hours will result in the following:
Repeat violation of the above terms will result in the following actions.
iNETFX offers a 99.9% uptime guarantee against its network and hardware components. This does not cover issues external to the datacentre network nor attacks against the network (DOS, DDOS etc).
A 99.9% uptime guarantee is also placed upon the server, with the exclusion of the following:
iNTEFX has created this privacy statement in order to demonstrate our commitment to privacy to our customers and users of our shop, online services, websites, and web services ("Services").
iNETFX is committed to developing long lasting relationships based on trust. As such, iNETFX will do everything in its power to ensure that your right to privacy is maintained and protected. Our Services are not directed at children under 13 years of age.
2. Information We Collect
iNETFX may request or collect personal information from online users in a variety of ways, including through online forms for ordering products and services, and other instances where users are invited to volunteer such information.
The information we collect is personal information that identifies you personally, such as: