Terms, Conditions and Acceptable Use Policy
This Ideal-Hosting Acceptable Use Policy ("AUP")
describe the proper kinds of conduct and prohibited uses of Ideal-Hosting's
hosting services (the "Services"). This AUP is not exhaustive and
Ideal-Hosting reserves the right to modify this AUP at any time,
effective upon posting of the modified AUP at www.idealonlinesolutions.com.
By registering for and using the Services, and thereby accepting the
terms and conditions of this AUP, you agree to abide by these
conditions as modified from time to time. Any violation of the AUP
may result in the suspension or termination of your account or such
other action as Ideal-Hosting deems appropriate.
Server Abuse
Any attempt to undermine or cause harm to a server,
or customer, of Ideal Online Solutions is strictly prohibited.
Unauthorized use of other people's accounts or
computers Ideal Online Solutions 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
Ideal Online Solutions customer, whether or not the attacked account or
computer belongs to Ideal Online Solutions, 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 - Ideal Online Solutions 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 Ideal Online Solutions to be
unacceptable use of Ideal Online Solutions's services including abuse of server resources.
All 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 or hatred.
" Promoting or providing instructional information about illegal
activities, or promoting physical harm or injury against any group
or individual.
" 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.
Bandwidth Traffic
Each plan with VIP comes with a pre determined
bandwidth usage amount. In the event that your account exceeds the
bandwidth limitations included with your account you will be billed
at $3.00 per 1GB/month If you want to pre-pay for bandwidth
overages, you will need to pay $2.00 per 1GB/month.
You will receive a notice on Tuesday morning
detailing your bandwidth usage.
You will have 7 days to visit
https://geranium.site-secure.net/Ideal Online Solutions/Order/customerinfo.htm
to pay for your overages. If you do not pay for your overages your
site will be disabled within 7 days of your first notice.
Unsolicited Email (Spam)
Unsolicited commercial advertisements (spam) are not
allowed in e-mail, and will likely result in account cancellation.
Ideal Online Solutions 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.
" Providing spamware (software used to send bulk email or software
used to harvest email addresses) or links to sites providing
spamware is strictly prohibited and subject to demand for removal or
account cancellation.
Note: If you use the services of another provider (including but not
limited to the use of address lists obtained from a third party
vendor or provider) to promote a web site hosted by or through
Ideal Online Solutions (spamvertising), then the provisions of the above Policy
shall apply as if the spam were sent through our servers.
Penalty: Depending on the severity of your SPAMMING,
Ideal Online Solutions reserves the right to charge you between $1.00 - $100.00
PER SPAM sent through our network. Your web site content will also
be confiscated and it will be NEVER returned to you.
CGI Scripts
(This section does not apply to managed dedicated or
colocation servers.) Each shared Unix web hosting account comes with
its own cgi-bin, in which you are free to use any* CGI scripts you
wish. All CGI scripts (Perl scripts with a .pl or .cgi extension)
intended for use on shared Windows 2000 web hosting accounts are
subject to approval by our NT Administrators.
*See the Server Resource Abuse section.
Server Resource Abuse
(This section does not apply to managed dedicated or
colocation servers.) Shared server accounts are limited in use of
the amount of server resources. Shared server resource abuse
includes any process or service usage that affects normal shared
server operation, resources or connectivity, and which causes a
server to become overloaded. Shared server resources include CPU and
memory usage, number of concurrent processes, number of concurrent
port or database connections and total bandwidth. Possible causes of
server resource abuse include, but are not limited to, the use of:
CGI, Perl, Sendmail, mySQL, MSSQL, PHP, ASP, COLDFUSION, HTTP, SMTP,
POP3 and FTP. If server resource abuse is detected, possible actions
include, but are not limited to: disabling of the offending script
or scripts, disabling of the specific service, disabling of the
entire account or account cancellation. If server overload is a
result of server resource abuse, these actions will be taken without
prior notice or warning.
Chat Rooms
We do not allow clients to install their own chat
rooms within a shared hosting account, without approving it with the
Ideal Online Solutions 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 2000
pieces of e-mail per day from a shared hosting account. If you do
send more than 2000 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 2000 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 if your account is moved to this
server. Please contact noc@Ideal Online Solutions.com to have your domain
moved.
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 IRC clients or IRC
bots to be operated on any of our servers. In addition, IRC servers
are not permitted on our network. Anyone found to be in violation of
this policy risks immediate account termination.
Excessive Use/Overages
You will not exceed the bandwidth, storage and
E-mail usage limits outlined by your particular web hosting package.
If you use any bandwidth or storage space in excess of the agreed
upon number of megabytes per month or if you exceed E-Mail storage
and attachment size limitations, Ideal Online Solutions may, in its sole
discretion, assess you with additional charges. If Ideal Online
Solutions
elects to take any corrective action, Ideal Online Solutions will not refund
any unused pre-paid fees. Your use of your account and access to it
is your responsibility. You are responsible for any unauthorized
access to your account resulting in bandwidth, storage and/or E-mail
usage exceeding the limits outlined in your particular web hosting
package specifications and resultant charges. Bandwidth overages are
currently billed at $3/GB/month. Disk space overages are currently
billed at $.25/MB/month. Email attachments overages are currently
billed at $.10 per email over 10MB.
Payment Policies
All accounts are set up on a pre-pay basis. Setup
fees may be charged for all new accounts and major account changes
and are non-refundable. All pricing is guaranteed for the term of
pre-payment. Ideal Online Solutions 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 Ideal Online
Solutions at
http://Ideal Online Solutions.com/Order/cancel.htm to request for
termination of services. All payment is in U.S. currency.
Ideal Online Solutions will bill each client $20.00 per returned check, per
wire transfer received and per credit card chargeback received. All
Ideal Online Solutions 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
$20.00 fee. Please contact the billing department at
billing@Ideal Online
Solutions.com
should you wish to change your anniversary billing cycle. Any
account that is not brought current prior to deactivation will be
charged a $25.00 reactivation fee as well as a $15.00 late charge,
per domain deactivated. In addition, if your credit card declines
for any reason Ideal Online Solutions will charge your account an additional
$1.00 service charge every time your card is declined. Ideal Online
Solutions
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 Ideal Online Solutions) shall be paid by Customer.
Cancellation
Ideal Online Solutions reserves the right to cancel service at
any time. All fees paid in advance of cancellation will be pro-rated
and paid by Ideal Online Solutions if Ideal Online Solutions 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 Ideal Online Solutions'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 Ideal Online Solutions 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 Ideal Online Solutions 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 via our cancellation forms at
http://Ideal Online Solutions.com/Order/cancel.htm. Phone or 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. Ideal Online Solutions must receive your termination notice
from
http://Ideal Online Solutions.com/Order/cancel.htm within the 30-day
period. Your must fill out every field on the cancellation form
including why you are not satisfied with the Services.
Liability and Obligations on Cancellation
If the Agreement expires or is cancelled for any
reason, Ideal Online Solutions is not liable to you because of the expiration
or cancellation for compensation, reimbursement or damages on
account of the loss of prospective profits, anticipated sales,
goodwill or on account of expenditures, investments, leases or
commitments in connection with your business, or for any other
reason whatsoever flowing from the termination or expiration. If you
terminate this Agreement, Ideal Online Solutions will not relieve you of any
obligations to pay fees and costs accrued before the termination
date or any other amounts you owe to Ideal Online Solutions under this
Agreement.
Material and Product Requirements
You must ensure that all material and data placed on
Ideal Online Solutions's equipment is in a condition that is "server-ready,"
which is in a form requiring no additional manipulation by
Ideal Online Solutions. Ideal Online Solutions will make no effort to validate any of this
information for content, correctness or usability. If your material
is not "server-ready", Ideal Online Solutions may reject this material.
Ideal Online Solutions will notify you of its refusal of the
material and afford you the opportunity to modify the material to
satisfy Ideal Online Solutions's
requirements. Use of the Services requires a certain level of
knowledge in the use of Internet languages, protocols and software.
This level of knowledge varies depending on the anticipated use and
desired content of your Web site. You must have the necessary
knowledge to create and maintain a Web site. Ideal Online Solutions does not
provide this knowledge or customer support outside of the Services.
Intellectual Property Rights
Material accessible to you through Ideal Online
Solutions'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 Ideal Online Solutions 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 Ideal Online Solutions network. If you use a
domain name in connection with Ideal Online Solutions 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 Ideal Online Solutions 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. Ideal Online Solutions 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.
You are solely responsible for any security breaches affecting
servers or accounts under your control. If your server or website is
responsible for or involved in an attack on or unauthorized access
into another server or system, Ideal Online Solutions will shut it down
immediately. You will pay any charges resulting from the cost to
correct security breaches affecting Ideal Online Solutions or any of its other
customers.
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 there from.
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 Ideal Online Solutions a license to
cache the entirety of your Web Site, including content supplied by
third parties, hosted by Ideal Online Solutions 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
Ideal Online Solutions shall maintain and control ownership of
all IP numbers and addresses that may be assigned to you by
Ideal Online Solutions and Ideal Online Solutions 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 Ideal Online Solutions prior to the
effectiveness of the desired domain name registration, the
then-current amounts set forth in the Ideal Online Solutions 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. Ideal Online Solutions 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 Ideal Online Solutions to the email address indicated in Customer's
registration application. In the event of a charge-back by a credit
card company (or similar action by another payment provider allowed
by Ideal Online Solutions) 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 Ideal Online Solutions 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. Ideal Online Solutions will
reinstate Customer's domain name registration solely at Ideal Online
Solutions's
discretion, and subject to our receipt of the initial registration
or renewal fee and our then-current reinstatement fee.
Copyright Infringement
DIGITAL MILLENNIUM COPYRIGHT ACT
Notice and Procedure for Making Claims of Copyright
Infringement
Pursuant to Title 17, United States Code, Section
512(c)(2), all notifications of claimed copyright infringement on
the Ideal Online Solutions system or Web site should be sent ONLY to our
Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY
FOR NOTIFYING Ideal Online Solutions THAT YOUR COPYRIGHTED MATERIAL MAY HAVE
BEEN INFRINGED.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU
KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY
BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES,
COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT
OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A
RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE
SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT
INFRINGEMENT (e.g. REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER
SERVICE, REPORTS OF E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW.
YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
Written notification must be submitted to the
following Designated Agent:
Ideal Online Solutions, Inc.
Legal Department
2180 North Loop West Suite 215
Houston Texas 77018
copyright@Ideal Online Solutions.com
Under Title 17, United States Code, Section
512(c)(3)(A), the Notification of Claimed Infringement must include
the following:
1. Physical or electronic signature of a person
authorized to act on behalf of the copyright owner.
2. Identification of the copyrighted work claimed to have been
infringed or a representative list if multiple works are involved.
3. Identification of the material that is claimed to be infringing
that should be removed or access to disabled and information
reasonably sufficient to enable the online service provider to
locate the material (usually a URL to the relevant page).
4. Information reasonably sufficient to allow the online service
provider to contact the complaining party (address, phone number,
e-mail address).
5. Statement that the complaining party has "a good faith belief
that use of the material in the manner complained of is not
authorized by the copyright owner, its agent or the law."
6. Statement that the information in the notice is accurate, and
under penalty of perjury, that the complaining party is authorized
to act on behalf of the copyright owner.
Lawful Purpose
Ideal Online Solutions reserves the right to refuse service to
anyone. Customers may only use Ideal Online Solutions 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 Ideal Online Solutions management.
Regardless of the place of signing this agreement, the client agrees
that for purposes of venue and jurisdiction this contract was
entered into and performed in Harris County, Texas, and any dispute
will be litigated or arbitrated in Harris County, Texas. Customer
further waives all objections to venue or jurisdiction and
acknowledges that venue and jurisdiction in any such litigation will
be held in Harris County Courts. IN NO EVENT SHALL Ideal Online
Solutions'S MAXIMUM LIABILITY
EXCEED FIVE HUNDRED ($500.00) DOLLARS.
Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY,
SAVE AND HOLD Ideal Online Solutions HARMLESS FROM ANY AND ALL DEMANDS,
LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE
ATTORNEY'S FEES ASSERTED AGAINST Ideal Online Solutions, 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 Ideal Online
Solutions AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO
PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE
DISTRIBUTED IN CONNECTION WITH Ideal Online Solutions'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
Ideal Online Solutions'S SERVER.
Disclaimer
Ideal Online Solutions WILL NOT BE RESPONSIBLE FOR ANY
DAMAGES YOUR BUSINESS MAY SUFFER. Ideal Online Solutions MAKES NO WARRANTIES OF
ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. Ideal Online
Solutions
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 Ideal Online Solutions AND ITS EMPLOYEES.
Ideal Online Solutions
RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS
OF Ideal Online Solutions MUST ADHERE TO THE ABOVE POLICIES.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE
GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION
