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iHostParadise
(referred hereinafter as 'iHostParadise', 'our', 'we'
and 'us') is a web hosting firm. All accounts on
our web servers, including single-domain, reseller
and resold accounts, are subject to the terms and
conditions described in this document. Under the
terms of this agreement, your placement of information
on our servers is an acknowledgement that you have
read, understand, and agree to be bound by terms
and conditions below.
1. User Conduct
Our services may only be used for lawful purposes -- any
use of these services which violates any laws which may
apply to iHostParadise, your local jurisdiction, or any jurisdiction
that you or your site may be subject to is strictly prohibited.
This means that while using the service, you may not:
Post or transmit any unlawful, threatening, abusive, defamatory,
obscene, libelous, offensive, pornographic, indecent, profane,
or otherwise objectionable information of any kind, including
without limitation any transmissions constituting or encouraging
conduct that would constitute a criminal offense, give
rise to civil liability, or otherwise violate any law.
Restrict or inhibit
any other user from using and enjoying the Internet.
iHostParadise reserves
to the right to the final decision on what constitutes
abuse.
2. Resource Usage, Adult-Oriented Sites
Users may not initiate the following on our servers:
Run any process that requires more than 8Mb of memory
space, more than 30 CPU seconds, or use more than 5% of
all available system resources at any time.
Run any type
of interactive real-time chat applications that require
server resources. Remotely-hosted services are fully allowed.
Run stand-alone,
unattended server-side processes at any point in time on
the server. This includes any and all daemons, such as
IRCD.
Run any software
that interfaces with an IRC (Internet Relay Chat) network.
Run, associate,
or link to any site with adult-oriented content, including
but not limited to any pornographic material.
Users are also
required to abide by the following:
Databases are only to be used for iHostParadise-hosted web
sites, and no outside access will be granted.
Zero Tolerance
Spam Policy: We take a zero tolerance stance against sending
of unsolicited e-mail, commonly known as spam. Any user
who sends out spam will have their account terminated without
notice, this includes reseller and resold accounts.
iHostParadise reserves the right to require changes or disable
as necessary any web site, account, database, or other
component that does not comply with this policy, at its
sole discretion. iHostParadise also reserves the right to
make any such modifications in an emergency at our sole
discretion.
3. Indemnification
You agree to indemnify, defend, and hold harmless iHostParadise
from any and all liability, penalties, losses, damages,
costs, expenses, attorneys' fees, causes of action or claims
caused by or resulting indirectly from your use of the
service which damages either you, iHostParadise, or any other
party or parties without limitation or exception. This
indemnification and hold harmless agreement extends to
all issues associated with your account, including but
not limited to domain name selection and Web site content.
4. Refusal or discontinuation of service
iHostParadise reserves the right to refuse or discontinue
service to anyone at iHostParadise' sole discretion. iHostParadise
may deny you access to all or part of the service without
notice if you engage in any conduct or activities that
iHostParadise in its sole discretion believes violates any
of the terms and conditions in this agreement. iHostParadise
shall have no responsibility to notify any third-party
providers of services, merchandise, or information, nor
any responsibility for any consequences resulting from
such discontinuance or lack of notification. You agree
that iHostParadise has the right to monitor the service electronically
from time to time and to disclose any information as necessary
to satisfy the law, or to protect itself or its subscribers.
iHostParadise reserves the right to refuse to post or to remove
any information or materials, in whole or in part, that,
in its sole discretion, are unacceptable, undesirable,
or in violation of this agreement. iHostParadise also reserves
the right to refuse refunds in cases where iHostParadise believes
abuse has taken place.
5. No warranties
iHostParadise makes no warranties or representations of any
kind for the services being offered. The service is provided
on an "as is" and "as available" basis
without warranties of any kind, either express or implied,
including but not limited to warranties of title, non-infringement,
or implied warranties of merchantability or fitness for
a particular purpose. No advice or information given by
iHostParadise or its agents or employees shall create a warranty.
iHostParadise provides no warranty that the service will be
uninterrupted or error free or that any information, software
or other material accessible on the service is free from
viruses or other harmful components. Under no circumstances
shall iHostParadise be liable for any direct, indirect, special,
punitive, or consequential damages that result in any way
from your use of or inability to use the service, or for
third parties' use of the service to access your Web space,
or to access the Internet or any part thereof, or your
or any third parties' reliance on or use of information,
services, or merchandise provided on or through the service,
or that result from mistakes, omissions, interruptions,
deletion of files, errors, defects, delays in operation
or transmission, or any failure of performance. If you
are dissatisfied with iHostParadise service or any of its
terms, conditions, rules, policies, guidelines, or practices,
your sole and exclusive remedy is to discontinue using
the service.
You understand that by placing information on iHostParadise'
servers that such information becomes available to all
Internet users and that iHostParadise has no way of limiting
or restricting access to such information or protecting
such information from copyright infringement. You assume
total responsibility and risk for your use of iHostParadise'
servers and the Internet. It is solely your responsibility
to evaluate the accuracy, completeness, and usefulness
of all opinions, advice, services and other information,
and the quality and merchantability of all merchandise
provided through iHostParadise or on the Internet generally.
Your use of the service is at your sole risk. iHostParadise
is not responsible for files and data residing on your
account. You agree to take full responsibility for files
and data transferred and to maintain all appropriate backup
of files and data stored on iHostParadise servers.
You agree not to interfere with the operation of the system.
You further agree not to interfere with the proper operation
of other systems reachable through the Internet, including
any attempt at unauthorized access. You agree to adhere
to system policies as published by iHostParadise, including
restrictions on services available with each service type,
restrictions on certain features, and all other policies.
You agree to abide by any and all future iHostParadise policy
decisions.
iHostParadise reserves the right to monitor any and all communications
through or with our facilities. You agree that iHostParadise
is not considered a "secure communications medium" for
the purposes of the ECPA, and that no expectation of privacy
is afforded.
6. Account-Holder Identification Information
You agree that you as the person legally responsible for
all use of this account, are at least 18 years of age.
If you are under 18 years of age, you need to have parental
consent in order to sign up, and the account must be ordered
by a parent or guardian, in their own name. You agree to
supply iHostParadise with a current and truthful name, postal
address and telephone number for our records, and you have
a continued obligation to keep this information current.
You also agree that you are an authorized user of any credit
card that you supply to us, and you understand and agree
that we have an obligation to fully investigate any possible
fraudulent credit card use.
7. Sharing of account space & resale restrictions
You agree and understand that the account you purchase
is purchased either for yourself or on behalf of a client
if you are a reseller. You understand that as a reseller,
you are the individual solely responsible for all use of
the account.
8. Payment & Other Information
You agree to supply appropriate payment for the services
received from iHostParadise, in advance of the time period
during which such services are provided. You agree that
until and unless you notify iHostParadise of your desire to
cancel any or all services received, those services will
be billed on a recurring basis.
If you cancel your service before the end of your hosting
renewal date (monthly, quarterly or any other term), there
are no refunds for the unused time remaining before your
next renewal. This is only superseded by the 30-day money-back
guarantee listed below.
9. Agreement Acknowledgement
This agreement supersedes any written, electronic, or
oral communication you may have had with iHostParadise or
any agent or representative thereof, and constitutes the
complete and total agreement between the parties. Should
any provision of this agreement is determined to be invalid
or unenforceable, all other provisions shall remain in
full force and effect and said provision shall be reformed
only to the extent necessary to make it enforceable.
By placing and continuing to maintain or place information
on iHostParadise' servers you are stating and acknowledging
that you have read the aforementioned terms and conditions
and that you understand such terms and conditions and agree
to be bound by them.
10. Money Back Guarantee
Each plan includes a full 30-days money back guarantee.
If you are not completely satisfied with our services
within the refund time period specified for your plan,
you will be given a full refund of the contract amount
excluding overages. No refund is available after that period.
This policy does not apply to any additional services such
as overages, disk space, bandwidth, maintenance fees, etc.
Accounts cancelled/terminated by iHostParadise for violating
our Acceptable Usage Policy do not qualify for the 30-day
money back guarantee. Only first-time accounts are elegible
for a refund. For example, if you've had an account with
us before, cancelled and signed up again, you will not
be elegible for a refund. This is to protect our refund
guarantee from being abused. To receive a full refund,
contact our customer service departement.
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