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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.