This
Terms and Conditions ("T&C's") sets forth the terms and
conditions of your use of iNeedHosting's
("ineedhosting.net") web hosting services, e-commerce
and other Internet-related services. In this Agreement
"you" and "your" refer to each customer and "we", "us"
and "our" refer to INeedHosting.net. By selecting our
service(s) you have agreed to establish an account with
us for such services. When you use your account or
permit someone else to use it to purchase or otherwise
acquire access to additional iNeedHosting.net service(s)
or to cancel your iNeedHosting.net service(s) (even if
we were not notified of such authorization), this T&C's
covers such service or actions.
By signing up or purchasing an account from
iNeedHosting.net you agree you have read and understood
this T&C's and that you agree to it. You also understand
iNeedHosting.net reserves the right to add and remove
comments with due notice.
1. Use of Our Services
To
ensure the integrity and efficiency of all services
provided by iNeedHosting.net, the observation of
conditions of use for the following services are vital
to the quality of service we offer each account holder
that shares the same web hosting server:
Server Space and
Transfer
You may
occupy only the amount of disk space that are allocated
to you according to the service plan you have subscribed
to and utilize no more than the network bandwidth that
is allotted by us. Additional fees, specified on the
webhosting package pages, will be charged for exceeding
the disk space and/or network bandwidth allowance of
your selected plan.
Reselling of any webhosting features or resources is
STRICTLY PROHIBITED with no exceptions - unless you
occupy and pay the fees for a RESELLER account.
CGI
scripts
You are
free to use any scripts you wish provided they do not
affect the normal operations of the server. CGI scripts
can be resource intensive and because a web hosting
server is shared with other users, we must limit how
much of the system resources can be used by any one
account on a shared server.
Scripts that are commonly known for causing server
disruption include large cgi-based message forums,
auctions, and banner exchanges. In the event a script
affects normal server and/or administrative operations,
we reserve the right to disable the account pending your
cooperation and resolution. iNeedHosting.net will be the
sole determinant of what constitutes degraded server
performance. In the case your account is suspended, you
will be contacted using the e-mail address you provided
upon signup.
Unauthorized daemons and background processes
An
unauthorized daemon is any process that runs
continuously in the background that is not started or
operated by iNeedHosting.net. Only daemons that have the
express written permission of iNeedHosting.net are
permitted to operate on the our servers. However, if any
of these daemons start to exhibit operating problems, we
reserve the right to terminate the daemon immediately
and restrict its ability to restart.
Any
account found to be operating any programs and/or
daemons that open listening sockets on our server are
expressly forbidden and will be terminated at our
discretion.
SSH
(Shell Access)
For security reasons,
iNeedHosting.net does not support and will not offer SSH
on any pre-defined plan or custom plan now or in the
future.
Any forced access onto our server SSH is logged,
including the user's IP and actions, and if damage is
caused we will hand over this information to local law
authorities.
BOTS
(Including IRC)
iNeedHosting.net does not allow bots of any kind to be
operated on our web hosting servers. This includes, but
not limited to, IRC servers, IRC bots, proxies,
and instant messenger bots (such as MSN
Messenger auto bots).
Chat
Servers
Chat
Servers of any kind are strictly prohibited. Chat
scripts, especially CGI and/or PHP scripts, have proven
to be disruptive on web hosting servers and can hinder
the performance of normal delivery for other account
holders. For this reason chat scripts/clients, that are
not Java based or hosted by a third party provider, are
not permitted on any of our web hosting servers.
SSI
Calls
All SSI
calls should be made from files that are in accordance
with established naming conventions. This means all SSI
calls should ONLY originate from files that are named
with the .shtml or .shtm file extensions.
iNeedHosting.net reserves the right to disable any SSI
that is not being called from a file with the .shtml or
.shtm extension.
Mailing Lists
All of our plans come with
a number of mailing lists for customers, from 1 to 5
mailing lists available. It is important that you use
such tool accordingly. If you are sending to large
mailing list (exceeding 500 addresses)
you should contact iNeedHosting.net requesting
permission to send the mailing through the our servers
prior to sending any messages. Should such a large
mailing disrupt normal services or create unacceptable
server loads, the account associated with the mailing
risks termination.
Bulletin Boards
Due to
their use of flat files instead of databases,
iNeedHosting.net does not allow the use of UBB or YABB
bulletin boards. Use of these boards for large or very
active forums, results in system performance
degradation, and cannot be allowed in our shared hosting
environment.
We suggest using VBulletin, phpBB or InvisionBoard as a more efficient,
database-driven alternative to these bulletin boards.
Sharing of your account resources
In
general, we do not restrict you from sharing your
account resources with other non-account holders.
However, if you choose to give away your space (as in
let other users access it and place files) then you MUST
NOT charge for them to do so. You must NOT sell any of
your account features. Reselling on non reseller
accounts is strictly prohibited. If you are found
reselling on a shared account, you account will be
terminated right away.
iNeedHosting.net has agreed to host/service you and your
account only. All users permitted access to the services
provided by us, via your account, are also bound by this
Terms and Conditions. If these users violate the Terms
and Conditions your account would be placed in jeopardy
and at risk of termination.
Excessive Resource Usage and/or Abuse
Any
account that affects the normal operation of any of the
services provided by iNeedHosting.net including, but not
limited to, administrative tasks, technical support,
database services, server access, network speed, content
or email delivery, may be deactivated in an effort to
restore normal operations.
In the
event of account deactivation, we remain the final
authority in determining whether or not the account will
be reactivated. The severity of the violation, as well
as the account holder's cooperation and ability to
prevent future abuses, will be considered by
iNeedHosting.net when determining whether or not the
account will be reactivated.
iNeedHosting.net will contact the user if their account
is suspended using the e-mail they used to sign up.
Back-Up Files and Processing
iNeedHosting.net provides a weekly service to its
paid customers free of charge. All back-ups are made to
another hard disk drive and can be restored if the main
hard disk drive fails or an error occurs.
Back-ups are made on either
SUNDAYS, TUESDAYS or FRIDAYS automatically. It is
advised for customers to also make their own
arrangements for backups should a problem arise with our
backup system.
2. Prohibited Services and Activities
The
following services and activities are strictly
prohibited on any of iNeedHosting.net:
Illegal Content
Our
services may be used for lawful purposes only.
Transmission, storage, or presentation of any
information, data or material in violation of any
copyright/trademark, as well as the participation or
promotion of violence, racism, or other defamatory
content of any kind are prohibited.
You may
not use any of our services to transfer illegal,
copyrighted, trademarked, patented, or trade secret
material without the prior permission of the author or
owner. This includes pirating software (warez),
audio/video files, cracks and/or registration codes, in
addition to offering links, directories, and
redirections, to other sites that do so. If we find that
this is occurring on your account it will be used as
grounds for immediate termination of your account.
Adult
Material and Pornography
Pornography is prohibited on all our shared hosting
servers. This includes sex-related content and/or
merchandise as well as links to pornography, sex-related
content, and/or merchandise. In general, frontal nudity
(not for science, health, fine art, or general
educational purposes) and/or content meant to sexually
arouse is prohibited. Child Pornography of any kind is
prohibited on all servers and will be reported to the
authorities if found. iNeedHosting.net reserves the
right to decide what it considers "adult content",
"adult material", "sexually explicit", or "sexually
related".
Spam/UCE
(Unsolicited Commercial Email)
iNeedHosting.net has a strict "No-Spam" policy. The
abuse and misuse of email is a serious problem, and we
will not tolerate it. Sending spam is a direct violation
of iNeedHosting.net's Terms and Conditions and is cause
for immediate termination without refund.
iNeedHosting.net considers spam to be any unsolicited
email, often of a commercial nature, sent
indiscriminately to mailing lists, individuals, or
newsgroups, among other mediums. Any account found to be
associated with the delivery of spam will be immediately
terminated without warning and without refund. We
reserve the right to refuse or cancel services to known
spammers.
Mailing
lists and mass outgoing email is acceptable and many
times necessary. However, we require that you send such
messages only to those who have explicitly requested to
receive them and clearly identify yourself as the sender
and to try not to do this all of the time as it slows
down our servers. Forging or misrepresenting message
headers, whether in whole or in part, to mask the
originator of the message is prohibited.
iNeedHosting.net reserves the right to decide what it
considers "Spam", "UCE", "mail bombing", or "bulk
email".
Malicious Hacking, Cracking, and Scanning
Accessing illegally and/or without authorization to
content, services, computers, accounts, or networks
belonging to iNeedHosting.net or another party, or
attempting to penetrate security measures of
iNeedHosting.net or other parties is prohibited and will
result in immediate account termination. This includes
any activity that might be used as a precursor to an
attempted system penetration (i.e. port scan, stealth
scan, or other information gathering activity).
Accounts
initiating any activity or containing
code/scripts/binaries eT&C's that appear to be for the
purpose of violating or disrupting the services and/or
content of others will be terminated immediately without
notice and without refund. iNeedHosting.net may also
report any activity of such nature to the proper
authorities as well as providing any information we may
have to assist the authorities in contacting the party
responsible for storing or using of these types of
tools.
Other
Activities
This
includes engaging in activities, whether lawful or
unlawful, that iNeedHosting.net determines to be harmful
to our customers, operations, reputation, goodwill, or
customer relations.
The responsibility for avoiding the harmful activities
just described above rests primarily with you.
iNeedHosting.net will not intentionally monitor the
communications of our users to ensure that they comply
with our policy or applicable law. However, we will take
necessary actions to stop any harmful activity,
including but not limited to, removing information,
shutting down your account, implementing screening
software designed to block offending transmissions,
denying access to the Internet, or take any other action
we deem appropriate.
iNeedHosting.net may also disclose information,
including but not limited to, information concerning
your account, a transmission made using our network, or
a web site, in order to comply with a court order,
subpoena, summons, discovery request, warrant, statute,
regulation, or governmental request. We assume no
obligation to inform you that your information has been
provided and in some cases may be prohibited by law from
giving such notice.
3. Payment for Our Services
Service Fees
Payments are
to be made every 31 days starting from the date of
account creation. Upon signing up, a payment covering
the cost of one months webhosting must be made. This can
be refunded at our discretion.
You may view any invoices which need to be paid in our
customer billing area.
Failure to pay our service fee's could result in account
being suspended and at our discretion, terminated.
Cancellation of services
You may
cancel your account at any time by sending a request to
our sales department;
sales@ineedhosting.net Cancelled and/or terminated
accounts will be deleted within 48 hours and without
backup provisions. Refunds will only be given if service downtime is less
than 95%, for the whole month.
Violations and Refunds
No refunds will be provided for any
pre-paid fees in cases of account deactivation due to
violation of our Terms and Conditions.
You agree to this upon joining iNeedHosting.net
Pricing Revision
iNeedHosting.net reserve the right to revise our prices
at any time. You will only pay the new prices once your
account is due for renewal.
4. Disclaimer and Indemnity
Upon
your request for any of our services, you agree to be
bound by iNeedHosting.net's current Disclaimer published
on our site ("Disclaimer").
The Disclaimer can be found at
http://www.ineedhosting.net/legal/disclaimer.php.
You
agree to release, indemnify, and hold iNeedHosting.net,
its directors, officers, agents, employees, affiliates
and all other persons or entities acting in any capacity
on iNeedHosting.net's behalf harmless from any claims,
losses, or damages, including legal fees, from any
claims or liabilities arising from the use of our
services which caused damages to you or any other party.
Use of
our hosting services require a certain level of basic
knowledge in the use of programming languages, Internet
protocols, and website design software. The level of
knowledge required varies depending on the anticipated
use and desired content to be provided on your web site.
Following are some of the knowledge you are expected to
be familiar with:
-
Web
design and publishing: requires a knowledge of HTML,
uploading/downloading of web page contents, use of FTP
programs or site design software, use of images, text,
and multimedia content.
-
CGI-scripts: requires a knowledge of the UNIX
environment, languages such as Perl, PHP, Python,
Javascript, shell commands, file permissions, eT&C's.
You
agree that it is not the responsibility of
iNeedHosting.net to provide such knowledge or technical
support outside of our defined services.
iNeedHosting.net makes no warranties or representations
of any kind, whether expressed or implied for the
services we are providing. Use of any information
obtained by way of iNeedHosting.net is at the your own
risk, and we specifically denies any responsibility for
the accuracy or quality of information obtained through
our services.
5. Modifications to iNeedHosting.net's Terms and
Conditions
You
agree, during the period of this T&C's, that we may: (1)
revise the terms and conditions of this T&C's; and (2)
change the services provided under this T&C's, at any
time. Any such revision or change will be binding and
effective immediately on posting of the revised T&C's or
change to the service(s) on iNeedHosting.net's web site,
or on notification to you by email. You agree to review
iNeedHosting.net's web site, including the T&C's,
periodically to be aware of any such revisions. If you
do not agree with any revision to the T&C's, you may
terminate your account at any time by providing us with
notice by email at
sales@ineedhosting.net. Notice of your termination
will be effective on receipt and processing by us.
You agree that, by continuing to use the
iNeedHosting.net services following notice of any
revision to this T&C's or change in service(s), you
abide by any such revisions or changes. Your continued
use of our services shall constitute your acceptance of
this T&C's with the new modifications. You acknowledge
that if you do not agree to any of such changes, you may
request that your account be cancelled. You agree that
such cancellation will be your exclusive remedy if you
do not wish to abide by any changes to this T&C's.
6. Limitation of Liability
YOU
AGREE THAT INEEDHOSTING.NET WILL NOT BE LIABLE FOR ANY
(1) USE OF YOUR WEB HOSTING ACCOUNT, (2) INTERRUPTION OF
BUSINESS, (3) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO
OUR SITE OR THE WEB SITE(S) OR SERVICES YOU HAVE HOSTED
ON OUR SERVER; (4) LOSS OR LIABILITY RESULTING FROM ACTS
OF GOD; (5) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION,
DESTRUCTION OR OTHER MODIFICATION; (6) EVENTS BEYOND OUR
CONTROL; (7) THE PROCESSING OF THIS APPLICATION; (8)
LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR
MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD.
INEEDHOSTING.NET ALSO WILL NOT BE LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE
FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
7. Breach and Revocation
iNeedHosting.net reserves the right to suspend,
terminate or modify our services we provide in the event
(a) you materially breach this T&C's and do not cure
such breach within the period of time stipulated by us
in our notice to you, (b) you use any of our services to
send unsolicited commercial advertisements in
contradiction to either applicable laws or customary
acceptable usage policies of the Internet, (c) you use
your web hosting account in connection with unlawful
activity, or (d) grounds arise for such suspension,
cancellation, or other modification as provided for in
this T&C's.
8. Right Of Refusal
iNeedHosting.net, at our sole discretion, reserve the
right to refuse or cancel any service provided to you,
or to delete your account within ten (10) calendar days
from receipt of your payment for our services. In the
event we do not accept your request of our service, or
we delete your account within such ten (10) calendar day
period, we agree to refund your applicable fee(s). You
agree that we shall not be liable to you for any loss or
damages that may result from our refusal to accept you
request for our services.
Last modified/updated: 26th January, 2006
Updated areas in red.
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