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Terms of Service
The use of services from Ineb Web Hosting.com [hereafter referred to as "Ineb Web Hosting"] constitutes agreement to these terms.
Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) for fraud. It is your responsibility to provide us with an email address which is not at the domain(s) you are hosting with us. If there is ever an issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account without refund.
Content
All services provided by Ineb Web Hosting may only be used for lawful purposes. The laws of the State of Texas, the State of Nebraska and the United States of America may apply. The customer agrees to indemnify and hold harmless Ineb Web Hosting and any of our affiliates from any claims resulting from the use of our services, including but not limited to loss of income or data.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, video or any other copyrighted material. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please contact Ineb Web Hosting.com.
Examples of unacceptable material include:
IRC Bots, Proxy Scripts, Anonymizers, Pirated Software, Warez, image or video only hosting only sites, Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, multi level marketing schemes, lottery sites, muds, rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening or illegal is prohibited and will be removed from our servers with or without notice and without refund.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of services without refund.
If in doubt regarding the acceptability of your site or service, please contact us and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography. Any site found to host child pornography or linking to child pornography will be suspended immediately without notice. We will further monitor your account activity; more than one infraction of this type will result in the immediate termination of your account without refund. Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password. At the very least use passwords that contain both numbers and letters, and refrain from using passwords that can be found in a dictionary.
Zero Tolerance SPAM Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and SPAM. Any user who sends SPAM will have their account terminated with or without notice and without refund.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated without refund.
Limits
There is a 500 email per hour limit (per domain, not email account) this limit is also applied towards MailMan or any other mailing list software. If you send over 500 email messages in any one hour, most of the e-mails will bounce with a undeliverable error.
Our servers have a 60 pop checks per hour limit per domain (not per email account). If you go over this limit you're likely to get a wrong password error message saying login incorrect. Just wait an hour and it will automatically unlock. To prevent this from happening make sure to disable auto checking in your email software, or set it to something reasonable, such as every 15 minutes.
Any mailing list larger than 9,000 will require a semi dedicated or dedicated hosting solution. We do not provide dedicated hosting, but may be able to recommend a web hosting service or mailing list service that can handle a large mailing list. Note: dividing one large list into smaller lists to avoid this limit is prohibited.
Mailing List Rules
Anytime you're sending a message, no matter how large your e-mail list is, you must throttle it. We recommend sending no more than 400 messages per hour (remember your entire domain is allowed to send only 500 email messages per hour). This limit will allow you and others on your domain to continue to send non-mailing list related messages at the same time your mailing list is running. If you try to send a large number of emails without throttling, the server will try to send all of your email messages at once. This may cause the server load to go very high for long periods of time which could lead to a server crash. Any process that uses excessive CPU or memory for long periods of time will be terminated. The account holder may be suspended or terminated without notice and without refund.
Please be reasonable and considerate of others who share your server. If you have a large mailing list, please schedule delivery of your messages during off-peak hours. Off peak hours would be any time on Saturday and Sunday or between midnight and 7 am Monday through Friday.
Recipients of your mailing list must sign up and agree to receive your mailings (opt-in). It is best if you use mailing list scripts that employ double opt-in techniques (user receives an email after signing up that they must reply to before they are added to your list). Purchased, traded, shared or rented mailing lists are considered SPAM. Your recipients must opt-in to your specific list. Any complaints to our abuse department will be investigated immediately. Any violation regarding mailing lists or the sending of unsolicited email will result in account termination without refund.
All mailing lists sent from our server MUST comply with the guidelines set forth by the United States. The guidelines can be found at: http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.htm
No Direct SMTP mailers are allowed. An example of this is DarkMailer. All mail should be relayed through the local MTA (localhost:25) for further delivery by the server.
Ineb Web Hosting reserves the right to require changes or to disable any web site, account, database, script or other component that does not comply with our established policies at our sole discretion.
Ineb Web Hosting reserves the right to charge the account holder a clean up fee, for sending any unsolicited email. The fee will be determined by Ineb Web Hosting and could be rather expensive if your actions have caused our server or associated ip addresses to become blacklisted.
Payment Information
You agree to supply appropriate payment for the services received from Ineb Web Hosting in advance of the time period during which such services are provided. New customers have a 30 day money back guarantee in which they will receive a full refund for hosting services. After 30 days, no refunds will be granted. Money paid for domain name registration, SSL certificates and dedicated IP addresses are non-refundable. Any account which is found to be violating any of the Terms of Service will be suspended or terminated with or without notice and without refund. This includes accounts which qualify for the 30 day money back guarantee.
Non-Payment and Fraud
Accounts more than 15 days past due (semi-annual and annual payment), or 3 days past due (monthly payment) will be automatically suspended. Suspended accounts will be charged a re-activation fee. Accounts will not be re-activated until payment and fees are made
in full. Previously suspended accounts may also be disqualified from special discounts or promotions in the future. Accounts more than 45 days past due will be permanently deleted.
Domain Name Registration
As a convenience to our customers, Ineb Web Hosting can purchase and maintain your domain name(s) for you. You can request that your domain name(s) be transferred to you at any time after payment for purchased domain name(s) has been made in full. Transfer of domain names is at the sole discretion of Ineb Web Hosting. Ineb Web Hosting reserves the right to hold your domain name in the event that payment for services, web design, web hosting or domain name fees are outstanding or past due. You agree to pay for renewal of domain names purchased through Ineb Web Hosting at least 30 days in advance of expiration. You will be billed separately for domain renewals.
Backups and Data Loss
Your use of the service is at your sole risk. Ineb Web Hosting is not responsible for files and/or 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 Ineb Web Hosting servers.
Cancellations and Refunds
Ineb Web Hosting reserves the right to cancel any account that is found to be in violation of our Terms of Service at any time with or without notice, at our sole discretion, without refund.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services without refund.
Customers may cancel at any time, but please be advised that payment for unused time will not be refunded.
Resource Usage
User may not:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI or PHP scripts, FTP, HTTP, etc.
b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client.
f) Participate in any file-sharing/peer-to-peer activities.
g) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc.
h) Run cron entries with intervals of less than 10 minutes.
When using PHP include functions, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased, suspend the account until you upgrade to a higher level package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
Money back Guarantee
Each of Ineb Web Hosting's accounts carry a 30 day unconditional money back guarantee. If you are not completely satisfied within the first 30 days of your service, you will be given a full refund for hosting services. Remember, this does not apply to setup fees, administrative fees, dedicated IP addressess, SSL certificates, installation fees or domain name purchases.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold Ineb Web Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Ineb Web Hosting, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Ineb Web Hosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Ineb Web Hosting; (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 customers from Ineb Web Hosting's server.
Disclaimer
Ineb Web Hosting shall not be responsible for any damages your business or organization may suffer. Ineb Web Hosting makes no warranties of any kind, expressed or implied for services we provide. Ineb Web Hosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Ineb Web Hosting, its employees, affiliates or third party services.
Disclosure to law enforcement
Ineb Web Hosting may disclose subscriber information to law enforcement agencies with proper warrants or documentation. We will not disclose information without proper documentation by law enforcement agencies.
Changes to the TOS
Ineb Web Hosting reserves the right to revise its policies at any time without notice.
Last Update: August 29, 2007.
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