International Web Solutions Web Hosting
TERMS OF SERVICE
This International Web Solutions Terms Of Service agreement (hereafter referred to as the "TOS") lays down the terms and conditions by which International Web Solutions Hosting Services (hereafter referred to as the "Services") will be provided to you upon registration. The TOS also describes prohibited uses of the Services. This TOS is not exhaustive and International Web Solutions reserves the right to modify it from time to time, effective when notification is posted at www.intlws.com. No verbal or written agreement/statement by any International Web Solutions employee or at International Web Solutions website will take precedence over the TOS.
On registering for and using the Services, you the Customer agree to all the terms and conditions of the TOS, as modified from time to time, in its entirety. If Customer resells the Services he or she is paying for, the Customer will be responsible for his or her Clients. only International Web Solutions recognizes the Customer who is paying for the Services and not his or her clients. Violation of the TOS or any such action that International Web Solutions deems inappropriate may result in the termination or suspension of the Services for the Customer.
Payment
The Services purchased by the Customer will be in the form of a specific Windows, Linux, VPS, Storefront, or 3 rd level domain Service Plan. Each Service Plan outlines the features, resources and storage that International Web Solutions will provide to the Customer for the stated Service Fee. Each Service Plan along with their features, resources, storage and Service Fee are defined at www.intlws.com. International Web Solutions has the sole right to determine how the features, storage and resources under each Service Plan are interpreted and how they will be provided to the Customer. The Customer must clarify any questions about the Service Plan he or she wishes to purchase with International Web Solutions before registration. The Service Plan will be provided to the Customer in the form of a Service Account, which would allow the Customer to manage and use the features, resources and storage stated in the chosen Service Plan. All prices mentioned in the TOS and at www.intlws.com are in US Dollars (USD)
While registering for a Service Plan, the customer may choose a Billing Period (also know as Payment Term) of 1 Month on all plans except the diamond plans. On the Diamond plans the customer may choose 1 month, 3 months or 1 year. All Service Accounts are setup on a pre-pay basis. Upon the start of each Billing Period, the Customer will be charged the Service fee for the duration of the Billing Period. There may be additional charges according to our Overage Policy if any additional resources, features or storage is purchased or used by the Customer under the chosen Service Plan (which were not otherwise included for free). The Billing Period will renew itself automatically on termination unless the Customers chooses to cancel his or her Service Account (according to the Cancellation/Refund Policy)
All charges will be debited against the Customer's balance maintained by International Web Solutions. If the Customer's debt exceeds $5.00 USD, he or she is required to clear his or her balance within 7 days by the chosen Payment Mode (selected during registration). If the customer's chosen payment method is Credit Card, International Web Solutions would attempt to charge the credit card number provided by customer (upon or after registration) automatically. For all other Payment Modes (i.e. payments made by 3rd party payment processors – such as PayPal.com), the customer must manually pay following payment procedures defined by International Web Solutions. Failure of customer to pay manually or for International Web Solutions to charge customer's credit card (due to any reason, in particular in case of an invalid credit card number or credentials) would lead to Service Account suspension. The Customer's Service Account would only be resumed when the customer clears his or her balance and pays for the Service Fee for the duration of the next Billing Period as well. If the Customer doesn't pay his or her balance within 5 days after Service Account suspension, International Web Solutions reserves the right to terminate the Customer's Service Account
A fee of $30 USD will be levied for every returned check and credit card charge back. International Web Solutions reserves the right to change pricing of the Services from time to time. International Web Solutions also reserves the right to withdraw any feature from a Service Plan, at any time it wishes to do so.
Overages
If Customer exceeds the feature, storage or resources limits defined by his or her chosen Service Plan, he or she will be charged for the extra usage according to the Overage rates outlined in that Service Plan. Customer may also purchase additional features, storage and resources by the same overage rates.
Refunds/Cancellations
All Service Accounts must be cancelled by filling out the cancellation form at http://www.intlwebsolutions.com/cancelform.htm .
The Customer will be eligible for refund if he or she chose Credit card or PayPal as their Payment Mode during registration. Refund will be made for unused months only of the current Billing period.
Refunds will not be made if the Customer's balance is not current or if the Customer has violated any terms of the TOS.
Liabilities/Obligation on Service Account Termination
Services are provided on an "as is" basis." International Web Solutions is not liable to you for any 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 interruption, termination, suspension or cancellation of your Service Account.
Customer is liable to pay all charges accrued during Service Account operation. The customer is in no way relieved from paying these charges on Service Account interruption, suspension, termination or cancellation
Material and Product Requirements
You must ensure that all material and data placed on International Web Solutions servers/systems is in a form requiring no additional manipulation by International Web Solutions. International Web Solutions will make no effort to validate any of this information for content, correctness or usability.
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 of the Services. You must have the necessary knowledge for your intended use of the Services. International Web Solutions will not provide this knowledge to the Customer
Intellectual Property Rights
You must not use the Services in a manner that would infringe, violate, dilute or misappropriate any copyright laws, or laws protecting trademarks, trade secrets or proprietary information. If you use a domain name in connection with the Services, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Web Site Operation and Security
If you run a Web Site through the Services, you are solely responsible for it's operation and maintenance and International Web Solutions plays no such role in it.
You are also responsible for the security of any client credit card numbers and related client information you may access as a result of conducting electronic commerce transactions through your Web Site. International Web Solutions will not be responsible for the security of such information
You also expressly (i) grant to International Web Solutions a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by International Web 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
International Web Solutions shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by International Web Solutions. International Web Solutions reserves the right to change or remove any and all such IP numbers and addresses.
General Abuse
Any attempt to cause harm or undermine International Web Solutions servers, computers, network or customers is prohibited. Use of the Services to carry out any activity that is illegal under US and International laws is also prohibited.
Prohibited uses of the Services also include, but are not restricted to:
1. Use of IRC, bots or clients
2. Unsolicited Bulk Emailing - Spamming
3. Newsgroup spamming
4. Hosting, promoting or linking to pornographic content
5. Illegal Content
6. Copyright infringement
7. Trademark infringement
8. Hosting and linking to pirated computer software and music.
9. Hosting/linking to software or information (such as software cracks, software cracking tutorials and software serial numbers) that may help any individual to obtain copyrighted software or music illegally.
10. Hosting or linking to computer software that may be used for spamming (know as spamware)
11. Providing/Promoting material that is grossly offensive to Internet Users which includes blatant expressions of bigotry, racism or hatred
12. Providing/Promoting material about illegal activities or promoting physical injury or harm against any group or individual
13. Providing/Promoting material about exploitation of children under the age of 18
Email Abuse
The following activities are considered as email abuse and are prohibited
1. Unsolicited bulk emailing. This includes, but not limited to commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such emails may only be sent in if the receiver explicitly requested such information directly from you.
2. Stealth Emailing. This includes forging, altering or removing email headers
3. Mail Bombing. This includes sending a large number of emails to disrupt or compromise a servers, systems or network
4. Emailing that may harass or intimidate others. This includes harassment or intimidation through frequency of emails, size of emails and the language of emails. If the recipient asks to stop, you must discontinue sending any further emails
5. Newsgroup Spamming. This includes unwelcome commercial advertising and posting that may be against the rules of a Usenet discussion group or mailing list.
Such activities carried out from servers/systems not managed by International Web Solutions are ALSO prohibited if they link to websites, content or material hosted on International Web Solutions servers/systems.
Emailing abuse carries a fine of up to $100 USD per email message sent, depending on the severity of the violation. Email abuse is also grounds for immediate suspension of your Service Account and an appropriate legal action.
Server Abuse
Server abuse includes any process or service usage that affects normal server/system operation, resources or connectivity, and which causes a server/system to become overloaded. Such abuse includes, but is not limited to, excessive CPU, hard disk and memory usage, excessive number of concurrent processes, excessive number of concurrent port or database connections and excessive bandwidth usage. Possible causes for server abuse include, but are not limited to, the excessive use of: CGI, Perl, Sendmail, mySQL, MSSQL, PHP, ASP, COLDFUSION, HTTP, SMTP, POP3 and FTP. Upon detection of server abuse, International Web Solutions will try to disable the specific script, website or database that is causing the abuse under your Service Account. If this is not possible, International Web Solutions will suspend your entire Service Account. The specific script, website or database under the Service Account or the Service account itself will only be resumed once the Customer has corrected the problem and convinced International Web Solutions that the abuse will not occur again. International Web Solutions will endeavor to provide prior notification before carrying out any such action but International Web Solutions may do so without any such notification, in its own discretion.
Fraudulent Credit Card Payments
Any customer who attempts payment for services with a stolen credit card will be turned over to the FBI or appropriate international authorities for prosecution. Fraud prevention measures are in place to protect our customers and all payments are automatically screened by our payment processor for fraudulent credit cards.
Spoofing Web Sites and / or e-mails.
Your web site space is for a legitimate web site either for personal or business use. Anyone found setting up a spoofing web site and / or sending spoofing e-mails will have their account disabled and they will be turned over to the proper authorities.
Notifications
All notifications to the customer will be sent by electronic mail (email). It is the responsibility of the customer to ensure his or her email address is valid at all times. International Web Solutions will not be responsible if Customer fails to receive any email International Web Solutions attempted to send.
Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD INTERNATIONAL WEB SOLUTIONS HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST INTERNATIONAL WEB SOLUTIONS, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, 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 INTERNATIONAL WEB SOLUTIONS AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH INTERNATIONAL WEB SOLUTIONS SERVICES; (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 INTERNATIONAL WEB SOLUTIONS SERVICES
Disclaimer
INTERNATIONAL WEB SOLUTIONS WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. INTERNATIONAL WEB SOLUTIONS MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. INTERNATIONAL WEB 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 INTERNATIONAL WEB SOLUTIONS AND ITS EMPLOYEES. INTERNATIONAL WEB SOLUTIONS RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
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