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Terms of Service

Terms of Service


Design/Programming/Promotion/Consulting Rates
Services include (but are not limited to) web design, custom programming, marketing solutions, promotion, consulting, training, etc. For hosted clients the rate is $95 per hour, $45 minimum. For non-hosted clients the rate is $120 per hour, $60 minimum. These rates do not include expenses such as software purchase, domain registration, etc. Quotes provided upon request only. Work performed beyond original project specifications will incur additional charges. On-site consultation/training is one (1) hour minimum if local. If non-local travel time plus expenses will be included.

Payment
Payment in full for the billing period specified must be received prior to server setup. If you have opted for monthly billing your credit card will be billed on or around the 20th of every month for the following month. Your first partial month will be prorated. Annual or semi-annual billing options will be invoiced 30 days in advance. All payments must be received prior to the due date to prevent account suspension or termination. All semi-annual or annual renewal accounts with invoices five (5) days past due or more are subject to suspension for non-payment. Accounts suspended for non-payment will not be reactivated until the account balance is paid in full and are subject to a $25 reactivation fee. Accounts suspended continuously for ten (10) days or more are subject to permanent deletion from the servers. For monthly renewing accounts where payment has not been received for the following month, accounts will be terminated at 5pm Eastern Time on the last day of the month the bill was due. If the Client elects to purchase any other services, including domain name registration, server add-ons, web design, custom programming, marketing solutions, promotion, consulting, training, etc, then they are responsible to pay for those services as well. The amount due is considered part of the Client's hosting account and all payment policies above (i.e. suspension/deletion) apply. Note that all returned checks and credit card charge backs will result in immediate suspension without advance notice. Returned checks will incur a $30 fee.

Network Service and Uptime
IAS will provide connection of the Server to the Internet, including all telecommunications equipment and connections for the Virtual Server to provide public access on a 24-hour-a-day, 7-day-a-week basis, with the exception of scheduled maintenance downtime. IAS will use best efforts to provide uninterrupted physical server connection and access and maximum uptime, except for scheduled maintenance downtime and any interruption to physical server connection and access beyond control caused by, for example, acts of nature, third-party equipment or transmission failures, or security breaches.

Force Majeur
IAS shall not be liable for any delay or failure to perform the services due to causes beyond its reasonable control such as, without limitation, war, terrorist acts, extraordinary phenomena, natural events or catastrophes, accidents, strikes, local or general power outages, breakdown of equipment of third parties, acts or omission of third parties and other similar events.

Unsolicited E-mail Policy
You are expressly prohibited from sending unsolicited bulk email messages ("junk mail" or "spam"). This includes, but is not limited to, bulk-emailing of commercial advertising, information announcements, and political tracts. Such material may only be sent to those who have specifically requested it. Malicious or threatening email is also prohibited. Although IAS will make reasonable efforts to alert you to such activities and allow you an opportunity to cure them within a 12-hour period after discovery, IAS reserves the right to immediately deactivate your Server if such activity is discovered. Further, you agree to indemnify and hold IAS harmless from any claim resulting from your use or distribution of electronic mail services through the service provided through this Agreement.
If you choose to act as a Reseller and resell accounts on your Server, you should make this policy clear to your customers. Realize that disabling of a single Server account will affect all clients on that Server account. Therefore, it is imperative that Resellers make this clear and seek to enforce any infractions to this policy immediately.
This policy shall also apply to mass newsgroup (Usenet) postings and copyright infringements.

Technical Support
IAS will provide the Client with technical support as it relates to the Server environment and by isolating specific problems that may be encountered while using the Servers. This does not include third-party scripts or debugging programs or web pages not developed by IAS. Client will be responsible for all Server content management, unless otherwise specified.

File Backups
While the Server system has a redundant file backup system, it is critical that anyone maintaining their own web site content - either in part or in whole - also maintain their own backups locally. If you realize that you have deleted a file and do not have a local backup, notify IAS technical support immediately, and retrieval will be attempted. Any retrieval from online (disk) backup systems is free, unless a large number of retrievals are required. Retrieval from tape is $150. If IAS has designed and maintains your web site in its entirety all backups are maintained locally for you.

Domain Name Renewal and Third Party Services
Client is responsible for any domain name renewal fees and/or third party services. If IAS sets up the initial domain or service Client will still be responsible for recurring billing.

Activities Subject to Immediate Deactivation
Any Server account that is used for illegal, abusive, or unethical activity may be immediately deactivated without warning to you. Illegal, abusive or unethical activities may include, but are not limited to, pornography, obscenity, nudity, violations of privacy, hacking, "warez", computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses as determined by IAS. You agree to indemnify and hold IAS harmless from any claim resulting from your publications or use of illegal, abusive, or unethical materials. Although IAS will make reasonable effort to alert you to such activities and allow you an opportunity to cure them within a 12-hour period after discovery, IAS is not required to give such notice before deactivating your use of the services if your use is or results in illegal, abusive, or unethical activities. If a Server account is deactivated by IAS due to the aforementioned activities any balance of payment will not be refunded. Resellers must keep in mind, if a Virtual Subhost client is deactivated for any illegal, abusive, or unethical activity, all Virtual Subhost clients that are hosted on the Server account will be affected by the deactivation.

Cancellation
If the Client chooses to cancel the Server account, any refund will be based on a prorated monthly billing plan, and no discounts will be applied. Client must provide written notification of cancellation at least 48 hours prior to the end of the month to receive credit for the following month. Setup fees are non-refundable. Except in instances of non-payment and/or violation of the terms of this agreement, IAS will provide 30 days notification of termination of service. Upon request Client will receive a copy of all web site files maintained by IAS provided all outstanding balances for hosting or other services have been paid.



Terms of Service


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