INTERRAHOST, INC.
WEB HOSTING SERVICES
TERMS AND CONDITIONS OF USE
GENERAL
Your use of InTerraHost, Inc.’s services, including without limitation its web hosting and related support services (“Services”), is governed by the following Terms and Conditions of Use (“Terms and Conditions”). Please read these Terms and Conditions carefully before using the Services. By using the Services, you accept and agree to be legally bound by these Terms and Conditions and by all applicable laws. These Terms and Conditions may be amended at any time. Your continued use of the Services following any such amendment will be conclusively deemed acceptance by you of these Terms and Conditions as so amended. Our Terms and Conditions enforcement policy is one of zero tolerance. InterraHost, Inc. reserves the right to immediately discontinue Services for any breach of the Terms and Conditions without liability, refund or continuance of any prepaid fees.
BILLING
A setup and activation fee will be charged for each account and must be paid prior to activation. Thereafter, the account will be billed monthly, quarterly or annually for Services rendered under its agreement with InTerraHost, Inc. All fees for Services are subject to change without notice.
Payment is due on the second day of the first month of each billing period. If payment is not received by 12:01 AM on the 12th day of such month (for accounts paid for by credit card) or the 30th consecutive day following the second day of such month (for all other accounts), a late fee of $10 will be charged to the account. If payment is not received by the 20th day of such month (for accounts paid by credit card) or the 40th consecutive day following the second day of such month (for all other accounts), InTerraHost shall have the right to terminate the account and suspend all Services.
Accounts held by any customer and billed less than $50.00 month, and all accounts held by international customers, must be paid for by credit card. All other accounts may be paid for by credit card, check, money order or wire transfer.
Customers Paying by Credit Card
Customers with accounts set up on a periodic credit card billing plan will have their cards billed automatically and must keep credit card information current. It is each credit card customer’s responsibility to inform InTerraHost, Inc. of changes in credit card information, such as type of card, billing or e-mail address or expiration date. If your credit card is declined, you will have seven days to make payment, after which your account will be placed on hold until payment is received. There is a $2.00 credit card resubmission fee if your credit card is declined for three or more billing cycles.
All accounts billed to a credit card are automatically renewed unless canceled prior to the renewal date. This applies to all monthly, quarterly and annual accounts.
Customers Paying by Check, Money Order or Wire Transfer
InTerraHost, Inc. charges a $25.00 fee on all returned checks and $25.00 per wire transfer received. All accounts issuing chargebacks against InTerraHost, Inc. will be billed an additional $25.00 per chargeback.
CANCELLATIONS AND REFUNDS WITHIN THE FIRST MONTH
InTerraHost, Inc. is proud to offer a 30-day money back guarantee on its Services. If for any reason our Services haven't exceeded your standards, please let us know within the first thirty days following activation of your account, and we will refund the money paid for that first month of service (less any Setup Fees and overage charges). Setup Fees are refundable only if the account order is canceled prior to activation. For prepaid web hosting contracts with a term of 3 months or more, the full contract amount (less any Setup fees and overage charges) will be refunded if InTerraHost, Inc. is notified within the first thirty days following activation.
NOTE: Due to security concerns (such as fraudulent cancellations), all account cancellations must be done via our cancellation form. E-mail requests and phone calls will not constitute a valid cancellation. Refunds will be made by company check or issued back to your credit card within thirty days of receipt of your properly completed cancellation form.
AFTER THE FIRST MONTH
After the first thirty days following activation of an account (“First Month”), each customer is committed to the remaining time on their agreement with InTerraHost, Inc., and no refunds will be given by InTerraHost, Inc. in the event their agreement is terminated automatically or by either party before the end of its term. In addition, early termination by the customer after the First Month will result in either a three month service charge or payment to InTerraHost, Inc. by the customer of the remainder of funds due on the agreement if the service is cancelled with less than three months remaining on the agreement. After the First Month, InTerraHost, Inc. will not pro-rate or refund any fees for unused service. For example, if you have an account that you are paying for monthly and you decide to close it a few days after your last payment, you will not be issued a full or partial refund. By using InTerraHost, Inc.’s Services, you understand and agree to this term. You also understand that while no refunds will be issued on any account terminated after the First Month, you are always free to keep your account open for the full amount of time you have paid for.
CONTENT
You will not in any way use html, java, php, asp, aspx or perl code or any other type of code that will result in unnecessary traffic nor will you install any client side applications that will result in excess traffic. You understand and agree that the intent of InTerraHost, Inc. is to provide space to serve web documents, not as an off-site storage area for electronic files. You will also not misrepresent the site in such a way that will result in needless traffic. Some examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, Spamware, Copyrighted MP3s and IRC bots. InTerraHost, Inc. does not support; (i) sexually explicit, obscene or pornographic content (whether in text or graphics); (ii) speech or images that are offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability or otherwise) or that promote any illegal activity; and/or (iii) graphic violence, in each case whether real or simulated. We will terminate any account that does not conform to these requirements. InTerraHost, Inc. reserves the right to terminate any account, for any reason, without prior notice or warning, if in the sole judgment of InTerraHost, Inc., it appears that the account is being or will be used for any purpose prohibited by this paragraph.
E-MAIL
You will not send out advertising e-mail, unsolicited bulk e-mail (UBE) or Spam, nor do anything else that will result in excess mail traffic. You will not use your E-mail account to receive large files or programs over 5 MBs in size. Unsolicited advertising via e-mail or newsgroups is prohibited and will result in immediate account termination without compensation. Spamming, including (but not limited to) mass e-mailing, cross posting, or otherwise causing abuse to others on the Internet is prohibited and will be grounds for account termination without compensation. If you use the services of another provider to promote a web site hosted by or through InTerraHost, Inc., then the provisions of this paragraph shall apply as if the unsolicited e-mail were sent through our servers.
Any account involved in Spamming or running Spam scripts will be charged a $200 clean-up fee and is subject in InTerraHost, Inc.’s sole discretion to immediate termination.
FILTERING/SPAM PREVENTION
InTerraHost, Inc. uses two filters on all shared servers to help reduce the amount of Spam our users receive. InTerraHost, Inc. has chosen www.ORDB.org, which is the Open Relay Database, and www.spamhaus.org. ORDB.org is a non-profit organization which stores IP-addresses of verified open SMTP relays. These relays are, or are likely to be, used as conduits for sending unsolicited bulk email, also known as Spam. Spamhaus.org will list any IP’s that have been sending out reported Spam. If the Spam stops, the IP is released from the database after 48 hours. By using InTerraHost, Inc., you understand and approve of such filtering. You understand that any person attempting to e-mail you from a server in the Open Relay Database or Spamhaus.org database will be returned to the sender. In addition we reserve the right to block certain IP addresses and ranges of IP addresses that we have determined are sources of Spam. We also apply www.Symantec.com‘s anti-virus and spam filtering software to prevent virus’s and to attempt to detect Spam email. If you do not want your service subject to such filtering, then you understand you are free to host your site elsewhere.
NOTE: InTerraHost, Inc. will open up IP Addresses if we feel the IP Addresses were added to the third party database erroneously. You will need to contact us and tell us the IP Addresses.
ILLEGAL ACTIVITY
Illegal activities, including unauthorized distribution or copying copyrighted software, violation of US export restrictions, harassment, fraud, trafficking in obscene material, and all other violations of applicable law, may be reported to all regulatory, administrative and/or governmental authorities by InTerraHost, Inc.
ACCESS
Access to our servers is for the express purpose of setting up and managing your web site and e-mail. You are not to use the access to compile or run programs that do not directly relate to the web site. You will not view or attempt to modify files that do not belong to you. It is a crime to access any information in the non-public part of a computer regardless of damage or security of the information. Any action or failure to act that may reasonably be construed by InTerraHost, Inc. to be negligent, reckless or malicious is strictly prohibited.
RESOURCE USAGE
InTerraHost, Inc. enforces a strict policy on resource use that all accounts must abide by. In order to keep our servers running at optimal levels, any sites running a process that requires more than 8Mb of memory, more than 30 CPU seconds, or uses more than 10% of all available system resources at any time will be required to move up to a dedicated solution or be hosted elsewhere. Web sites requiring the following are also limited and may not even be allowed at all:
High CPU-use CGI Scripts - CGI script sharing with domains not hosted by InTerraHost, Inc. is not permitted. Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice. If your web site has been shut down at another web host for high CGI resource use, you will certainly be shut down here as well. We will not allow a user's web site to affect the other web site owners on our servers.
CGI-based Chat Rooms - InTerraHost, Inc. does not allow customers to install their own CGI-based chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. InTerraHost, Inc. does offer Java-based chat for its customers for an additional fee.
CGI-based Forums - InTerraHost, Inc. does not allow customers to install their own CGI-based Forums. YaBB and Ultimate Bulletin Board Forums tend to require significant system resources and therefore cannot be permitted. InTerraHost, Inc. recommends vBulletin or phpBB.
Background Running Programs and Cron Jobs - InTerraHost, Inc. may allow programs to run in the background. These programs will be considered on an individual basis. Customers will not be allowed to execute a cron more then once per hour with InTerraHost, Inc. If you wish to run background programs please contact us so that we can arrange set-up.
IRC - InTerraHost, Inc. does not allow IRC or IRC bots to be operated on our servers.
Webcams - InTerraHost, Inc. does not allow web-cams to be refreshed more then once in a 5 minute period. If you require a refresh rate quicker then 5 minutes, you will need to host your site on a Virtual Dedicated Server.
Hotlinking - InTerraHost, Inc. does not allow hotlinking of any kind (whether hosted by InTerraHost, Inc. or hosted elsewhere). This includes using your site to host images or content that is being used in HTML e-mails sent in bulk.
UNMETERED BANDWIDTH POLICY
The purpose of the InTerraHost, Inc. unmetered bandwidth policy is to assure owners of standard operating web sites and small businesses that they will not be surprise billed for bandwidth usage. It is one less thing someone will need to worry about while hosting their web site at InTerraHost, Inc. The InTerraHost, Inc. unmetered bandwidth policy does not cover certain web sites. These include the following:
Web Portals/Communities/Forums - Any sites that have members and/or forums.
Online Gaming - Includes online casinos and single/multiplayer online games.
Image Galleries - Includes eBay or other online auction image dumps.
Downloads - Any site that prompts for a download or has large applets.
Audio/Video - Any streaming content, web-cams or audio/video downloads.
Chat - Includes PHP and Java chat rooms. CGI-based chat is not allowed on our servers.
Subdomains/Site Redirections - Any sites using our subdomain feature or our web site redirection service to a subdirectory. If you are planning on using our servers to host one of these sites, InTerraHost, Inc. will allow for 10 GBs of transfer per month. You will be billed $10.00/10 GBs/mo thereafter. All other accounts for personal and small business are allowed unmetered bandwidth. If you adhere to our Terms and Conditions of Use Policy and run a standard web site, you will be covered under the unmetered bandwidth policy. (99.9% of all InTerraHost, Inc. hosted web sites enjoy unmetered bandwidth usage.) Accounts that do not follow our Terms and Conditions of Use policy are classified as metered bandwidth accounts and will be billed accordingly.
99.9% UPTIME GUARANTEE
Subject to the following, InTerraHost guarantees 99.9% uptime (“99.9% Uptime Guarantee”).
(1) This 99.9% Uptime Guarantee applies to any InTerraHost, Inc. client in good financial standing with InTerraHost, Inc. at the time of a service outage.
(2) InTerraHost, Inc. will have the content of your web site available for http access by any party in the world for 99.9% of the time during all times at which such web site normally receives visitors (“Target Uptime”).
(3) Scheduled outages for routine maintenance will be performed between the hours of 6AM and 9AM EST on Sundays. Outages during this time period do not count toward the service levels and will be scheduled one week in advance. Emergency maintenance for security or hardware failures may be performed immediately but will not count if more than one hour’s notice is provided. Downtime outside of the stated maintenance time intervals will be counted against the service level. Please visit www.interrahost.com/maintenance for a list of scheduled maintenance outages and current system status.
(4) In the event that, at any time following activation, your web site is not available in any given month (the “Downtime Month”) for at least 99.9% of the Target Uptime, InTerraHost, Inc. will credit your account with an amount of the following month’s fees proportionate to the amount of downtime in the Downtime Month. For example, if your web site is down for 25% of the Target Uptime in March, your account will receive a 25% credit on your April fee. For each client, such credit shall be retroactive and shall be calculated as set forth below and as measured 24 hours a day in a calendar month, with the maximum credit not to exceed the monthly service charge for the affected month.
In order for you to receive a downtime credit on your account, you must request such credit within seven (7) days after you experienced the downtime. You must request credit by sending an electronic mail message to the InTerraHost, Inc. Billing Department. The body of this message must contain your account number, the dates and times of the unavailability of your web site, and such other customer identification requested by InTerraHost, Inc. Credits will usually be applied within thirty (30) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event of an outage.
(5) Credits shall not be provided to you in the event that you have any outage resulting from (i) scheduled maintenance as posted from time to time at InTerraHost, Inc.; (ii) your behavior or the performance or failure of your equipment, facilities or applications; (iii) circumstances beyond InTerraHost, Inc.'s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site; or (iv) a client breaching these Terms and Conditions. Dedicated Server customers are only guaranteed 99.9% uptime for network connectivity, not server performance.
24-HOUR TROUBLE TICKET RESPONSE TIME GUARANTEE
(1) Coverage - This 24-Hour Trouble Ticket Response Time Guarantee applies to any InTerraHost, Inc. client in good financial standing with InTerraHost, Inc. at the time of the trouble ticket submission.
(2) Service Level - InTerraHost, Inc. endeavors to have all trouble tickets opened with the Control Maestro™ Panel responded to within 24 hours after initial submission.
(3) Credits - In the event that your trouble ticket is not responded to within 24 hours, InTerraHost, Inc. will credit your account $10.00 per incident. In order for you to receive a credit on your account, you must request such credit within seven (7) days after you notice the break in the guarantee. You must request credit by sending an electronic mail message to the InTerraHost, Inc. Billing Department. The body of this message must contain your account number, the date, the time and the trouble ticket number, and such other customer identification requested by InTerraHost, Inc. Credits will usually be applied within thirty (30) days of your credit request. Credit to your account shall be your sole and exclusive remedy.
(4) Restrictions - Credits shall not be provided to you in the event that you do not have a response within 24 hour resulting from (i) scheduled maintenance as posted from time to time at InTerraHost, Inc., and/or (ii) circumstances beyond InTerraHost, Inc.'s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed to respond to trouble tickets.
TRADEMARK AND COPYRIGHTS
You hereby agree and warrant that any material submitted for publication or use through your account(s) will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libelous or harmful, and you indemnify InTerraHost, Inc. as to the same.
The Digital Millennium Copyright Act ("DMCA") sets forth the requirements for valid copyright infringement notification. InTerraHost, Inc. takes all allegations seriously and will investigate each notice immediately. Once InTerraHost, Inc. receives your infringement notice, we will notify the web site owner that they will have 24 hours to either (i) take down or remove the disputed material, or (ii) provide a counter-notice. InTerraHost, Inc. still reserves the right to remove or take down material immediately without any prior notice.
If you would like to notify InTerraHost, Inc. of an infringement of your copyright, the DMCA requires that you:
Send your notification to InTerraHost, Inc. You may use one of the following two avenues for this notification:
Fax to: InTerraHost, Inc., Attention: Abuse at 703 351-6374
Mail or courier to: InTerraHost, Inc., Attention: Abuse, 901 N. Pollard St., Suite 1503, Arlington, VA 22203
Include in your notification the following information
• A physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant")
• Identification of the copyrighted work(s) claimed to have been infringed.
• Identification of the material claimed to infringe the copyright(s), and enough information for InTerraHost, Inc. to locate it.
• The Claimant's name, address, and telephone number(s).
• A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
• A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
If you wish to learn more about the Digital Millennium Copyright Act, click here.
PRIVACY POLICY
When you visit our Web site, we do NOT collect your e-mail address(es), aggregate information on what other pages on the Web you have accessed or visited, user-specific information on what pages you access or visit unless volunteered. Information volunteered by the consumer, such as survey information, online sign ups, and/or site registration will never be released. When using our services, we agree to NEVER release your e-mail addresses(es), domain names, and/or any other personal information to anyone at any time. For your privacy, we will also not reference any domain names we host. For more information, please view our Privacy Policy.
BACK-UPS
Full back-ups are made weekly, and back-ups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these back-ups. Back-ups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content and information. A "Back-Up/Restore" feature is included with each hosting plan and a client can use this tool to back up their files. If loss of data occurs due to an error of InTerraHost, Inc., we will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of a client in securing their account or by an action of the client, InTerraHost, Inc. will attempt to recover the data from the most recent archive for a $30.00 fee.
ACTIONS TAKEN
The failure by a customer to meet or follow any of the Terms and Conditions of Use is grounds for account termination. InTerraHost, Inc. will be the sole arbiter as to what constitutes a violation of the Terms and Conditions of Use. InTerraHost, Inc. reserves the right to remove any account without prior notice.
When InTerraHost, Inc. becomes aware of an alleged violation of its Terms and Conditions of Use, we will initiate an investigation. During the investigation, InTerraHost, Inc. may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, InTerraHost, Inc. may, at its sole discretion, restrict, suspend, or terminate a customer's account and/or pursue other civil remedies. If such violation is a criminal offense, InTerraHost, Inc. will notify the appropriate law enforcement authorities of such violation.
InTerraHost, Inc. does not issue credits for outages incurred through service disablement resulting from Terms and Conditions of Use violations. InTerraHost, Inc. does not issue refunds for accounts terminated for Terms and Conditions of Use violations.
WARRANTIES
THIS SERVICE IS PROVIDED AS IS. USE IT AT YOUR OWN RISK. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THERE ARE NO WARRANTIES OF ANY KIND EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF SALABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. INTERRAHOST, INC. IS NOT RESPONSIBLE FOR HARDWARE OR SOFTWARE DAMAGE, LOSS OF WAGES, OR ANY OTHER FINANCIAL OR PERSONAL LOSS RESULTING FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY INTERRAHOST, INC., ITS EMPLOYEES, LICENSORS OR THE LIKE, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. INTERRAHOST, INC. AND ITS PARTNERS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY TRANSACTION OR USE OF THE SERVICE.
INDEMNIFICATION
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD INTERRAHOST, INC. HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST INTERRAHOST, INC., 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 INTERRAHOST, INC. AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH INTERRAHOST, INC.' 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 INTERRAHOST, INC.' SERVER.
GOVERNING LAW
In the event of litigation both parties agree that the Law of Virginia shall apply and both parties consent to the jurisdiction of the state courts of Arlington, Virginia, or in the event of diversity of citizenship, the United States District Court for the Eastern District of Virginia. Both parties expressly waive a trial by jury.
CHANGES
InTerraHost, Inc. reserves the right to modify or otherwise amend this policy without prior notice or warning.
PLEASE NOTE: InTerraHost, Inc. takes all reports of abuse seriously. Any reports of Spamming, network abuse, or other complaints can be directed to abuse@InTerraHost.com.
