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This is an agreement by and between the subscriber and IWS hosting, a division of Integrated Web Solutions, incorporated in the State of Illinois, for the supply of various information services. Read the following carefully. Regardless of any other written or verbal promises or statements, this represents the terms & conditions by which the subscriber receives service.
Guarantee
Since its inception, IWS Hosting clients' websites have had a less than 1% average downtime.
Subscribers may cancel their service at any time. Charges are incurred at the beginning of each service month. Refunds will be made for each entire month of unused service. Subscriber must notify IWS Hosting via e-mail of their desire to cancel service and they should receive a confirmation message from us (via E-mail) that their request to cancel service was received. If a credit or other charge is disputed, customer may be required to produce a copy of our cancellation confirmation message, which includes all date/time/subject/to/from headers to validate their claim. In the event a prepaid account is cancelled, the invoice will be recalculated and any full or partially used months will be charged the full rate. The remaining balance will be refunded. Any bandwidth overage charges will be deducted from any refund to be issued by IWS Hosting. In the event that bandwidth overages exceed any prepaid amount, subscriber will pay for overages up to the cancellation date at published rates within fifteen days of cancellation.
Domain Registration fees are not refundable. Upon payment of domain registration fees, the domain name registration (through it's allotted period of registration) is owed by the subscriber and upon e-mailed request, IWS Hosting will provide any usernames and passwords necessary to ensure that subscriber can retain ownership of said domain name.
Subscriber is responsible for ensuring that their current and correct contact information on file, by frequently logging into their control panel. We reserve the right to send announcements and invoices relating to your hosting account and/or domain name with us. IWS Hosting uses e-mail in this way to ensure proper business communication between vendor and client. We ask that you not report these messages as spam. Doing so may be considered grounds for termination of your account. IWS Hosting will NOT give your email address or any other contact information to any third party except under the direction of law enforcement officials.
IWS Hosting guarantees that every reasonable attempt will be made to avoid unexpected server downtime and to ensure that all accounts are well taken care of. IWS Hosting cannot guarantee or predict server downtime. Although hard drive mirroring, backup systems and emergency procedures are in place, backing up of any data or e-mails from IWS Hosting servers is the responsibility of the subscriber. IWS Hosting takes NO responsibility for any damages suffered by the subscriber, including, but not limited to: loss of data from delays, nondeliveries, misdeliveries, or service interruptions or cut-offs caused by IWS Hosting's own negligence or customer errors and/or omissions.
Unsolicited E-mail (anti-spam policy)
Accounts caught sending unsolicited e-mail (as defined by IWS Hosting), or Usenet postings, either through our servers or to promote a web site on our servers will be terminated immediately, will not qualify for a refund and will be charged $100 USD per complaint filed. Accounts terminated for sending unsolicited email or Usenet posts surrender all rights to any content, files, backups and technical support associated with this and ALL accounts hosted on any and all IWS Hosting server and network. Subscribers may not create email forwards which forward to an email address not accessible by the subscriber, unless the recipient has specifically consented for you to do so.
IWS Hosting reserves the right to investigate accounts accused of sending unsolicited emails, or Usenet postings, in any way deemed necessary. This includes suspending the accused account during the pending investigation.
Sites promoting, advertising or otherwise making available tools, information and/or software for the purpose of sending unsolicited email or Usenet postings will be shut down without notice. We reserve the right to cancel all hosting accounts of anyone having an account suspended for sending spam. We will make available, upon request, the source of the complaints. We will NOT make available the actual complaint, if it means giving out individual contact information of the person filing the complaint.
*Unsolicited is defined by IWS Hosting as: E-mail sent to recipients who have not asked (via a double opt-in process) to be contacted by you or Usenet postings (that are cross-posted to more than three newsgroups and/or posted in newsgroups where this is against that groups FAQ or charter) for the sole purpose of promoting a website or commercial business on our servers.
Excessive Bandwidth Use
If your hosting account with IWS Hosting goes over the bandwidth allowance set for that account you agree to pay for that overage. All of our hosting accounts have bandwidth restrictions set. If you reach your designated bandwidth limit your account may automatically suspend until the next month.
The subscriber may choose to increase or reduce their level of service at any time.
IWS Hosting reserves the right to notify any subscriber of an immediate rate change based on their particular usage patterns. Furthermore, IWS Hosting reserves the right to immediately suspend service, or modify site files, when unusual or high usage patterns occur that threaten other subscribers. Subscribers will be notified via e-mail if this occurs.
Account Content
IWS Hosting will not accept any subscriber interested in supplying any data and/or content that can be labeled as illegal, offensive or pornographic. Furthermore, Warez sites (pirated software for download) are also not hosted.
IWS Hosting is not unreasonable nor is there any desire to retain editorial control over subscribers' web sites. However, the subscriber agrees that IWS Hosting may reject/cancel service at any time based on overall content or theme that is deemed inappropriate by IWS Hosting.
Account Termination
Subscriber agrees that IWS Hosting can choose to cancel any subscribers account, at any time for any reason that IWS Hosting feels, violates it's terms of service as presented here or further jeopardizes other subscribers or business operations of IWS Hosting.
Abusive behavior of any type towards IWS employees or contractors will not be tolerated. Web sites promoting, making available or otherwise contributing to software piracy, hacking, spamming, denial of service attacks and/or damage to commercial networks or servers will be removed from our servers without notice and illegal acts will be reported and prosecuted. Free For All (FFA) link sites and using your account for IRC/BBN purposes is not allowed on IWS Hosting servers.
Accounts using up enough server resources, to slow or crash a server, will be shut down without prior notice. If an account is shut down, due to server resource issues, we will (upon request) make a reasonable effort to help get the account unsuspended. This includes tracking down the offending program, if applicable, and/or making available other arrangements for hosting the account on a semi-private or private server (additional fees may be required). You are required to keep a valid top level domain name pointing to your hosting account with us at all times. We reserve the right to cancel any hosting account that does not have a valid domain name associated with it.
Subscribers are ONLY allowed to access their files on our servers. NO attempt is to be made to view/change other files, give system/network monitoring commands, or to attempt login as another user. Any such suspected violation, at the discretion of IWS Hosting staff or management, may result in immediate service termination, and NO refund for remaining service. You are required to notify us in advance if you have any questions about a planned action. Subscriber accepts that his/her activity and files located on our systems may be monitored at a very detailed level by our staff.
Third-party installed versions of any software that could put strain on the hosting environment are strictly forbidden, due to the security risk it may pose.
All server activity is logged. Any snooping, hacking, or other inappropriate activity of any type outside of your account, on our servers, will be grounds for immediate account termination.
In addition, your account is for web and email use only, any other activities, at the sole discretion of IWS Hosting, will be grounds for termination as well.
Amendments
This Terms of Service may be amended, at any time, at the discretion of IWS Hosting. All accounts are required to comply with any changes made to these policies. Notification of any major changes to the policies will be emailed to the email addresses we have on file for all account holders as well as an updating of this web page. Continued use of IWS Hosting services after the effective date of any amendment constitutes acceptance by the subscriber of the new terms.
Subscriber agrees that any legal actions will be according to the laws within the State of Illinois, Lake County. If any part of this agreement is held to be contrary to law, the remaining provisions will remain in full force and effect.
If you are unsure if what you are doing is against our TOS, contact us. There are no refunds granted for accounts terminated due to TOS violation.
Domain Name Registration and Renewal Policy
IWS Hosting will make every effort to register, transfer and/or renew your requested domain name. This is not a guarantee that your requested domain name is available for registration, transfer and/or renewal. Subscriber's domain name may go unregistered, untransferred and/or renewed, due to circumstances beyond our control, such as registry, software and other problems or outages, and will not be grounds for compensation of financial loss. Subscriber is solely responsible for monitoring your domain expiration date and making sure the domain is renewed before it expires. IWS Hosting accepts no responsibility or liability for domain names allowed to expire.
An order for domain name registration, transfer and/or renewal, does not guarantee domain name registration, transfer and/or renewal. If requested domain name is paid for and subsequently not registered, transferred and/or renewed by IWS Hosting, the domain registration fee will be refunded.
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