Terms of Service – Hosting
Whereas, Intellectual Applications & Products Consultancy Services (IAPCS) is an information provider connected to the Internet. IAPCS offers storage and transfer services over the Internet through access to its Web Server;
Whereas, Customer seeks to utilize IAPCS’s server for its own purposes;
Whereas, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, IAPCS can make no guarantee that any given reader shall be able to access IAPCS’s server at any given time.
IAPCS represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;
Now therefore, in consideration of the mutual promises contained herein, the parties agree as follows;
Customer agrees to a thirty (1) year contract minimum beginning upon commencement of service.
Customer agrees that all charges and fees associated with an account are their sole responsibility.
If the customer wishes to cancel IAPCS shared Web Hosting services within thirty (30) days of the initial signup they shall be able to do so for any reason (aside from disablement for Terms of Service or Spam Policy violations) and have their money promptly refunded.
Services provided by 3rd parties and IAPCS partners are not part of the 30 day refund policy and no early ending credit applies. Billing will stop at end of term during which the service is canceled.
At the end of the contract term, the contract will automatically renew for the original contract length indefinitely until canceled in writing or via the web panel.
Violations of IAPCS’s Terms of Service, result in immediate and permanent disablement without refund.
IAPCS will use commercially reasonable efforts to make its web hosting services available 99.9% of the time during each monthly billing cycle. If IAPCS is unable to meet this service level, you will be eligible to receive a credit to apply to future web hosting billing cycles based upon the Unavailability for that month.
For the purposes of this agreement, Unavailability means that either (a) the web hosting service is unresponsive, or (b) web hosting servers returns a server error response to valid user requests for more than 60 seconds of consecutive requests.
Unavailability that is a result of scheduled maintenance is excluded from these conditions and will not be considered for service credit calculations. Scheduled maintenance is defined as maintenance that is announced at least 5 days in advance, and does not exceed one hour in any month.
Service credits will be calculated as a percentage of the bill for the billing cycle that the Unavailability occurred. The percentage for the credit will be calculated by dividing the number of minutes of Unavailability by the total number of minutes in that billing cycle.
Service credits must be claimed within 14 days of the Unavailability occurring by submitting a support ticket. Include as much detail as required to document the Unavailability.
Customer will provide IAPCS with material and data in a condition that is “server-ready”, which is in a form requiring no additional manipulation on the part of IAPCS. IAPCS shall make no effort to validate this information for content, correctness or usability.
Use of IAPCS’s service 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 Customer’s Webspace by the Customer.
The following examples are offered:
Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, imagemapping, etc.
CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
The Customer agrees that they have the necessary knowledge to create Customer’s Webspace. Customer agrees that it is not the responsibility of IAPCS to provide this knowledge or Customer Support outside of the defined service of IAPCS.
IAPCS will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions set forth in our Terms of Service
IAPCS reserves the right to police its network to verify compliance with all agreed upon Terms.
The Customer agrees to cooperate in any reasonable investigations into their adherence to all agreed upon Terms. Failure to cooperate is grounds for immediate disablement of all accounts/service plans.
IAPCS reserves the right to disconnect any website or server deemed to present a security threat to IAPCS’s customers, servers, or network.
IAPCS makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. IAPCS also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of IAPCS is at the Customer’s own risk, and IAPCS specifically denies any responsibility for the accuracy or quality of information obtained through its services. Any mention of connection speeds associated with IAPCS’s services represents the maximum achievable speed. IAPCS does not guarantee that the customer will achieve the maximum connection speed at all times, as this depends on a variety of factors (including your own internet connection!). IAPCS expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
IAPCS specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not “Server-ready”, IAPCS may, at its option and at any time, reject this material, including but not limited to after it has been put on IAPCS’s Server. IAPCS agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of IAPCS. If the Customer fails to modify the material, as directed by IAPCS, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
All domain names registered through IAPCS, that are ‘parked’ or are otherwise not immediately associated with a IAPCS hosting plan will be automatically pointed to a “Coming Soon” web page which informs visitors that the registrant has recently registered their domain name via IAPCS website. The Coming Soon web page may be modified at any time by IAPCS without prior notice to you and may include such things as, without limitation, links to additional products and services offered by IAPCS.
Trademarks & Copyrights
Customer warrants that it has the right to use the trademarks and copyrights applicable to all content and/or products being made available through the customer’s account.
IAPCS guarantees 99.9% uptime. A failure to provide 99.9% uptime will result in customer compensation pursuant to guidelines established herein.
Customer is entitled to compensation if Customer’s web site, databases, email, FTP, SSH or webmail become unusable as a result of failure(s) in IAPCS systems for reasons other than previously announced scheduled maintenance, coding or configuration errors on the part of the Customer.
Customer will receive IAPCS credit equal to the Customer’s current hosting cost for 1 (one) day of service for each 1 (one) hour (or fraction thereof) of service interruption, up to a maximum of 10% of customer’s next pre-paid hosting renewal fee.
IAPCS’s assessment of downtime begins when Customer opens a support ticket to report the problem.
This contract may be terminated by either party, without cause, by giving the other party 14 days written notice. IAPCS will accept termination by electronic mail. Notwithstanding the above, IAPCS may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. IAPCS reserves the right to charge a reinstatement fee.
Customer expressly agrees that use of IAPCS’s Server is at Customer’s sole risk. Neither IAPCS, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that IAPCS’s Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the IAPCS Server service, unless otherwise expressly stated in this contract.
Under no circumstances, including negligence, shall IAPCS, its offices, agents or any one else involved in creating, producing or distributing IAPCS’s Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the IAPCS Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to IAPCS’s records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on IAPCS’s Server service.
Notwithstanding the above, Customer’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.
Customer agrees that it shall defend, indemnify, save and hold IAPCS harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against IAPCS, its agents, its customers, servants 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless IAPCS against Liabilities arising out of
any injury to person or property caused by any products sold or otherwise distributed in connection with IAPCS’s Server;
any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
any defective product which Customer sold on IAPCS Server.
Customer may not transfer this contract without the written consent of IAPCS.
These Terms and Conditions constitutes the entire Contract and understanding of the parties. Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.