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Ivisionhost.com provides Internet World Wide Web page hosting, Marketing, and
Development. Ivisionhost.com has certain legal and ethical responsibilities consisting
with the use of its server and equipment involved in these services.
Ivisionhost.com general policy is to act as a provider of Internet presence.
Ivisionhost.com reserves the right to suspend or cancel a customer's access to any or all
services provided by Ivisionhost.com when we decide that the account has been
inappropriately used.
Server Abuse
Any attempt to undermine or cause harm to a server, or customer, of Ivisionhost.com is
strictly prohibited.
Unauthorized use of other people's accounts or computers Ivisionhost.com will strongly
react to any use or attempted use of an Internet account or computer without the owner's
authorization. Such attempts include "Internet scamming" (tricking other people
into releasing their passwords), password robbery, security hole scanning etc.
Any unauthorized use of accounts or computers by a Ivisionhost.com customer, whether or
not the attacked account or computer belongs to Ivisionhost.com, will result in action
against the attacker. Possible actions include warnings, account suspension or
cancellation, and civil or criminal legal action, depending on the seriousness of the
attack.
IMPORTANT NOTE - Ivisionhost.com has the right to discontinue service, or deny
access to anyone who violates our Policies or the terms and conditions shown below WITHOUT
WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination
is due to violation of the terms outlined below.
Customers may not run IRC, bots or clients on shared servers. Unacceptable uses also
include, but are NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming,
illegal content, copyright infringement, trademark infringement, warez, cracks, software
serial numbers, and/or anything else determined by Ivisionhost.com to be unacceptable use
of Ivisionhost.com's services including abuse of server resources.
Shared hosting accounts may be terminated that include the following content or which have
links to the following content:
- Providing material that is
grossly offensive to the Web community including blatant expressions of bigotry, racism,
hatred, or profanity
- Promoting or providing
instructional information about illegal activities, or promoting physical harm or injury
against any group or individual
- Displaying material
containing obscene nudity or pornographic material (not applicable to managed dedicated
servers) - must move to an adult server. Contact sales for more information.
- Displaying material that exploits children under 18 years of age
- Acts of copyright
infringement including offering pirated computer programs or links to such programs,
information used to circumvent manufacturer-installed copy-protect devices, including
serial or registration numbers for software programs, or any type of cracker utilities
Abuse of Unlimited Traffic
Ivisionhost.com's customers are privileged to be offered unlimited traffic for their web
sites. The intention of Ivisionhost.com is to provide a large space to serve web
documents, not an off site storage area for electronic files. All (90%) of your web pages
(html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on Ivisionhost.com's server.
Web sites that are found to contain either/or no html documents, a large number of
unlinked files are subject to warning, suspension or cancellation at the discretion of
Ivisionhost.com management. Any customer who violates Ivisionhost.com's Policies in
abusing either space/site transfer will be notified and given 2 days to remedy the
problem. If the problem is not resolved within the allotted period, the client will be
billed for the overages.
To maintain the integrity of our shared hosting service the following limitations apply:
Sites with banners, graphics or cgi scripts running from their domain used on other
domains. Sites with picture galleries (This is any site where 50% of the files transferred
is graphics) Sites offering download files or archives. (This is any site where 50% or
more of there monthly traffic is from file downloads). Sites using more than 30% of system
resources for longer than 60 seconds. Sites running multimedia files (QuickTime, Real
Audio, Real Video, MP3).
Unsolicited Email (Spam)
Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely
result in account cancellation.
Ivisionhost.com takes a zero-tolerance approach to spam originating from our servers or
for spam advertising of domains hosted on our servers.
The following activities are not allowed:
- Unsolicited bulk or
commercial messages ("spam"). This includes, but is not limited to, bulk mailing
of commercial advertising, informational announcements, charity requests, petitions for
signatures, and political or religious tracts. Such messages may only be sent to those who
have explicitly requested it from your domain.
- Forging, altering or
removing electronic mail headers is prohibited. Any domain sending stealth spam will be
terminated without warning and without refund.
- Sending numerous copies of
the same or substantially similar message with the intent to disrupt a server or account
("mail bombing").
- Spamming Newsgroups:
Commercial advertisements are unwelcome in most Usenet discussion groups and on most
e-mail mailing lists. Inappropriate posting may result in account cancellation. See the
newsgroup or mailing list's charter for whether advertising is allowed or not.
"Spamming," or sending a message to many different off-topic newsgroups, is
particularly unethical and will be treated as such.
- Mail may not be used to
harass or intimidate others. Harassment, whether through language, frequency of messages,
or size of messages, is prohibited. Sending a single unwelcome message may be considered
harassment. If a recipient asks to stop receiving e-mail, you must not send that person
any further messages.
Note: If you use the services of another provider to promote a web site hosted by or
through Ivisionhost.com (spamvertising), then the provisions of the above Policy shall
apply as if the spam were sent through our servers.
99.9% Uptime Guarantee
(1.) Coverage
This 99.9% uptime guarantee applies to any Ivisionhost.com client in good financial
standing with Ivisionhost.com at the time of a service outage.
(2.) Service Level Agreement & Specifications
Ivisionhost.com endeavors to have the content of your web site available for http access
by any party in the world 99.9% of the time. Network downtime (unavailability) is defined
as 100% packet loss from Ivisionhost.com to its backbone providers. Downtime is measured
past 10 minutes after notification of network failure via Ivisionhost.com's online
ticketing system. If the ticketing system itself is unreachable, the ticket must be
started by calling the Ivisionhost.com NOC. Ivisionhost.com's administrators will
determine the end of the downtime by a traceroute to the customer's machine from outside
the Ivisionhost.com network.
(3.) Credits
a. Shared Hosting - In the event that your web site is not available for more than 99.9%,
Ivisionhost.com will credit the following month's service fee as follows. For any shared
hosting client, such credit shall be retroactive and shall be as calculated below and as
measured 24 hours a day in a calendar month, with the maximum credit not to exceed fifty
(50) percent of the monthly service charge for the affected month.
| Monthly Uptime |
Credit |
| 95% to 99.8% |
10% |
| 90% to 94.9% |
20% |
| 89.9% or below |
50% |
b. Managed Dedicated Servers - For managed dedicated server customers if the uptime is
between 98.9% and 99.9% for any particular month the credit shall be retroactive and
equivalent to the difference between the guaranteed level of availability of the
customer's services during the month and the calculated actual level of availability of
the customer's services, multiplied by the actual charges incurred by the customer for the
services during that month period. In addition, for managed dedicated server, customers
may be entitled to additional credits as calculated below and as measured 24-hours a day
in a calendar month, with the maximum credit not to exceed twenty-five percent (25%) of
the monthly service charge for the affected month.
| Minutes of continuous downtime |
Credit |
| 60 |
10% |
| 5+ 60 minute intervals |
25% |
In order for you to receive a credit on your account, you must request such credit within
seven (7) days after you experienced the down time. You must request credit by sending an
electronic mail message to refunds@ivisionhost.com.
For security, the body of this message must contain your account number, the dates and
times of the unavailability of your website, and such other customer identification
requested by Ivisionhost.com. Credits will usually be applied within sixty (60) days of
your credit request. Credit to your account shall be your sole and exclusive remedy in the
event of an outage.
(4.) Restrictions
Credits shall not be provided to you in the event that you have any outage resulting from
(1.) scheduled maintenance as posted from time to time at Ivisionhost.com, (2.) your
behavior or the performance or failure of your equipment, facilities or applications, or
(3.) circumstances beyond Ivisionhost.com's reasonable control, including, without
limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire,
flood, strike or other labor disturbance, interruption of or delay in transportation,
unavailability of interruption or delay in telecommunications or third party services,
including DNS propagation, domain name registration / transfer, failure of third party
software or hardware or inability to obtain raw materials, supplies, or power used in or
equipment needed for provision of your web site, or (4.) a client breaking any item in
Ivisionhost.com's "terms of conditions and acceptable use policy" causing a
machine to fail as a result.
CGI Scripts
Each shared web hosting account comes with its own cgi-bin. You are free to use any CGI
scripts you wish, however we reserve the right to disable any CGI script that effects
normal shared server operation without prior warning. (this section does not apply to
managed dedicated servers)
Chat Rooms
We do not allow clients to install their own chat rooms within a shared hosting account,
without approving it with the Ivisionhost.com Support Team. Most chat rooms tend to be
large system hogs and we cannot allow it as an account option. However, we do provide a
choice of Java chat rooms for a small extra charge that will more than fill your needs and
run without hindering the performance of the machine for others. Note: Parachat chat rooms
do not apply to this rule. They are perfectly fine to install.
Abuse of SMTP Mail Server
We do not allow clients to send more than 1000 pieces of e-mail per day from a shared
hosting account. If you do send more than 1000 pieces of e-mail per day, your account will
be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total
more than 1000 per day your account will be moved to a special server that is specifically
designed to handle high volumes of e-mail. You will be charged $50.00/month in addition to
your regular hosting charges.
Background Running Programs
We may allow programs to run continually in the background. These are considered on a
one-to-one basis and an extra charge will be incurred based on system resources used and
operational maintenance needed. (this section does not apply to managed dedicated servers)
IRC
We currently do not allow IRC or IRC bots to be operated on our servers. You can however,
install IRC clients on managed dedicated servers. IRC servers are not permitted on
our network.
Disk Overages
All Ivisionhost.com accounts come with metered disk space. Should you use more than your
alloted disk space you will be charged $.25 per megabyte per month.
Payment Policies
All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts
and major account changes and are non-refundable. All pricing is guaranteed for the term
of pre-payment. Ivisionhost.com reserves the right to change prices at any time, unless
other terms have been agreed upon. Any account not brought current within a week (7 days)
of e-mail notice or exceeding this time frame in any way is subject to suspension. The
customer is responsible for all money owed on the account from the time it was established
to the time that the customer notifies Ivisionhost.com at Account Cancellation Hotline to request for
termination of services. All payment is in U.S. currency. Ivisionhost.com will bill each
client $50.00 per returned check, per wire transfer received and per credit card
chargeback received. All Ivisionhost.com accounts are setup on anniversary billing cycles.
Your particular billing cycle corresponds to the contract length that was initially chosen
at setup. Your account will automatically renew at this length. There is no fee to change
to a shorter billing cycle at the end of the current cycle. However, if you wish to change
to a shorter billing cycle, during a current cycle, there will be a $50.00 fee. Please
contact the billing department at billing@ivisionhost.com
should you wish to change your anniversay billing cycle. Any account that is not brought
current prior to deactivation will be charged a $50.00 reactivation fee as well as a
$15.00 late charge, per domain deactivated. In addition, if your credit card declines for
any reason Ivisionhost.com will charge your account an additional $5.00 service charge
every time your card is declined. Ivisionhost.com may impose a debt service charge equal
to one and one-half percent (1.5%) of the overdue balance (or such lesser amount as may be
required by law) for each month or fraction thereof the overdue amount remains unpaid. All
taxes, fees and governmental charges relating to the Services provided hereunder (other
than income taxes of Ivisionhost.com) shall be paid by Customer. Ivisionhost.com accepts
paper checks from customers for payment of web hosting services and fees associated with
your account. However, there will be a $5.00/month processing fee for each customer paying
by check. Additionally, if you decide to switch your payment method of billing cycle you
will be charged a $10 processing fee for that change.
Cancellation
Ivisionhost.com reserves the right to cancel service at any time. All fees paid in advance
of cancellation will be pro-rated and paid by Ivisionhost.com if Ivisionhost.com
institutes it's right of cancellation. Any violation of policies which results in extra
costs will be billed to the customer (i.e. transfer, space etc.)
All of Ivisionhost.com's web hosting plans are backed by a 30 day money back guarantee. If
you are not completely satisfied with our services or support within the first 30 days of
your contract, you will be given a full refund of the contract amount excluding setup
fees, domain registration fees, add-on/upgrade fees and overages. Setup fees are
refundable only if the account order is canceled prior to account activation. For web
hosting contracts of 3 months or less, the full contract amount less any setup fees and
overages will be refunded if Ivisionhost.com is notified within the first 30 days
following activation. No refund is available after the 30th day. For web hosting contracts
longer than 3 months, a refund equal to one half of the contract amount less any setup
fees and overages will be given if Ivisionhost.com is notified prior to the first day of
the third month of the contract term. If you cancel prior to the end of your contract term
and you received special pre-pay rates, your hosting fees will be adjusted so that you pay
the regular, non-discounted monthly fees. No refunds for any reason will be given once the
third month of the contract term has begun. This policy does not apply to any additional
services such as overages, referrer logs, real audio/video, additional disk space,
additional pop accounts, etc. Due to security concerns, all account cancellations must be done following the steps
outlined at Account Cancellation Hotline.
Cancellations via email requests will not constitute acceptance of any cancellation. Refunds will be made by
company check or issued back to your credit card within 30 days of receipt of cancellation. To receive your
refund, you must terminate this Agreement in the manner described in above and cease using the Services.
Intellectual Property Rights
Material accessible to you through Ivisionhost.com's services may be subject to protection
under the United States or other copyright laws, or laws protecting trademarks, trade
secrets or proprietary information. Except when expressly permitted by the owner of such
rights, you must not use Ivisionhost.com or its servers and network in a manner that would
infringe, violate, dilute or misappropriate any such rights, with respect to any material,
which you access or receive through the Ivisionhost.com network. If you use a domain name
in connection with Ivisionhost.com or similar service, you must not use that domain name
in violation of any trademark, service mark, or similar rights of any third party.
Network Security
Customers may not use the Ivisionhost.com network with an attempt to circumvent user
authentication or security of any host, network, or account. This includes, but is not
limited to, accessing data not intended for the customer, logging into a server or account
the customer is not expressly authorized to access, password cracking, probing the
security of other networks in search of weakness, or violation of any other organization's
security policy. Customers may not attempt to interfere or deny service to any user, host,
or network. This includes, but is not limited to, flooding, mail bombing, or other
deliberate attempts to overload or crash a host or network. Ivisionhost.com will cooperate
fully with investigations of violations of systems or network security at other sites,
including cooperating with law enforcement authorities in the investigation of suspected
criminal violations. Users who violate system or network security may incur criminal or
civil liability.
Electronic Commerce
You will be solely responsible for the development, operation and maintenance of your
online store and products and all contents and materials appearing online or on your
products, including without limitation (a) the accuracy and appropriateness of content and
materials appearing within the store or related to your products, (b) ensuring that the
content and materials appearing within the store or related to your products do not
violate or infringe upon the rights of any third party, and (c) ensuring that the content
and materials appearing within the store or related to your products are not libelous or
otherwise illegal. You will be solely responsible for the final calculation and
application of shipping and sales tax. You will also be solely responsible for accepting,
processing, and filling any customer orders, and for handling any customer inquiries or
complaints arising therefrom.
You are also responsible for the security of any customer credit card numbers and related
customer information you may access as a result of conducting electronic commerce
transactions through your Web Site. You will keep all such information confidential and
will use the same degree of care and security as you use with your confidential
information.
Static / Dynamic Content Caching
You expressly (i) grant to Ivisionhost.com a license to cache the entirety of your Web
Site, including content supplied by third parties, hosted by Ivisionhost.com under this
Agreement and (ii) agree that such caching is not an infringement of any of your
intellectual property rights or any third party's intellectual property rights.
IP Address Ownership
Ivisionhost.com shall maintain and control ownership of all IP numbers and addresses that
may be assigned to you by Ivisionhost.com and Ivisionhost.com reserves, in its sole
discretion, the right to change or remove any and all such IP numbers and addresses.
Domain Name Registration
Customer agrees to pay Ivisionhost.com prior to the effectiveness of the desired domain
name registration, the then-current amounts set forth in the Ivisionhost.com price
schedule for the initial registration of the domain name and, should Customer choose to
renew the registration, subsequent renewals of the registration. All fees are
non-refundable, in whole or in part, even if Customer's domain name registration is
suspended, cancelled or transferred prior to the end of Customer's then current
registration term. Ivisionhost.com reserves the right to change fees, surcharges, renewal
fees or to institute new fees at any time, for any reason, at its sole discretion.
Customer's requested domain name will not be registered unless and until we receive actual
payment of the registration fee, and have confirmed Customer's registration in an email
from Ivisionhost.com to the email address indicated in Customer's registration
application. In the event of a chargeback by a credit card company (or similar action by
another payment provider allowed by Ivisionhost.com) in connection with the payments of
the registration fee for Customer's domain name registration, Customer agrees and
acknowledges that the domain name registration shall be transferred to Ivisionhost.com as
the paying entity for that registration to the registry and that we reserve all rights
regarding such domain name including, without limitation, the right to make the domain
name available to other parties for purchase. Ivisionhost.com will reinstate Customer's
domain name registration solely at Ivisionhost.com's discretion, and subject to our
receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Lawful Purpose
Ivisionhost.com reserves the right to refuse service to anyone. Customers may only use
Ivisionhost.com server for lawful purpose. Transmission of any material in violation of
any Federal, State or Local regulation is prohibited. This includes, but is not limited to
copyrighted material, material legally judged to be threatening or obscene, and material
protected by trade secrets. The designation of any materials as such described above is
left entirely to the discretion of Ivisionhost.com management. Regardless of the place of
signing this agreement, the client agrees that for purposes of venue this contract was
entered into in Tarrant County, Texas, and any dispute will be litigated
or arbitrated in Tarrant County, Texas. Defendants further waive all objections to venue
and acknowledge that venue in any such litigation will be held in Tarrant County courts.
IN NO EVENT SHALL Ivisionhost.com'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00)
DOLLARS.
Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD Ivisionhost.com HARMLESS
FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE
ATTORNEY'S FEES ASSERTED AGAINST Ivisionhost.com, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND
EMPLO YEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO
BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER
AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS Ivisionhost.com AGAINST LIABILITIES ARISING
OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE
DISTRIBUTED IN CONNECTION WITH Ivisionhost.com'S SERVER; (2) ANY MATERIAL SUPPLIED BY
CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; (
3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM
Ivisionhost.com'S SERVER.
Disclaimer
Ivisionhost.com WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER.
Ivisionhost.com MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE
PROVIDE. Ivisionhost.com DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES,
WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY Ivisionhost.com AND ITS
EMPLOYEES. Ivisionhost.com RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF Ivisionhost.com MUST ADHERE TO THE
ABOVE POLICIES.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT
DEACTIVATION.
Privacy Statement
Ivisionhost.com follows the strict guidelines of our customer privacy statement. Please
make sure you understand this statement fully. Please click here to
read the privacy statement.
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