|
Impact.net provides World
Wide Web page hosting. Our company reserves the right to suspend or cancel a
customer's access to any or all services provided by us when we
decide that the account has been inappropriately used or otherwise.
SERVER
USE All accounts are to be used by the primary owner only. Account holders are not permitted resell, store or give away web-hosting
services of their web site to other parties. Web hosting services are defined as
allowing a separate, third party to host content on the owner's web site.
Exceptions to this include ad banners, classified ads, and personal ads.
Reseller accounts are permitted to resell services.
Our Service makes use of the Internet to send and receive certain messages;
therefore, your conduct is subject to Internet regulations, policies and
procedures. accounts may not use the Service to send chain letters, junk mail or
spam (unsolicited bulk e-mail). In addition,
you may not transmit through the Service any unlawful or otherwise violate any applicable local, state, national or
international law or regulation.
Our
company
reserves the right to refuse service and/or access to its servers to anyone.
Our Company
does not allow any of the following content to be stored on its
servers: Illegal Material - This
includes copyrighted works, commercial audio, video, or music files, and any
material in violation of any Federal, State or Local regulation.
Adult Material
- Includes all pornography, erotic images, or otherwise lewd or obscene content.
The designation of "adult material" is left entirely to the discretion of
our company.
Warez -
Includes pirated software, ROMS, emulators, phreaking, hacking, password
cracking. IP spoofing, etc., and encrypting of any of the above. Also includes
any sites which provide "links to" or "how to" information about such material.
UNLIMITED
USE POLICY High bandwidth usage: Under our unlimited use plans we maintain very large ratios of bandwidth per customer. In rare cases,
we may find a customer to be using server resources to such an extent
that he or she may jeopardize server performance and resources for other
customers. In such instances, our company reserves the right to impose the High
Resource User Policy for the consideration of all customers.
HIGH
RESOURCE USER POLICY Resources are defined as bandwidth and/or processor
utilization. We may
implement the following policy to its sole discretion: When a web site
is found to be monopolizing the resources available we reserve the right
to suspend that site immediately. This policy is only implemented in extreme
circumstances and is intended to prevent the misuse of our servers. Customers
may be offered an option whereby we continue hosting the web site for an
additional fee.
PAYMENT
POLICIES All accounts are set up on a prepay basis. Our company
reserves the right to change prices of accounts or services at any time. Our
company will guaranteed prices for any prepayment period unless
our own direct bandwidth costs significantly increases. In such
cases accounts have the option of canceling and will receive a full refund for any period remaining.
Payment is due each
anniversary period, monthly, quarterly, semi annual or yearly, following the date the account was established.
Customers will automatically be charged again at the end of their prepay period
unless closure notification has already been given.
In situations
where the card number on file is declined we will immediately suspend the
facility to purchase services on-line until the outstanding charge is processed
successfully. In addition, our company reserves the right to suspend existing or future services until the outstanding debt is cleared. The customer is responsible for
all money owed on the account from the time it was established to the time that
the customer sends a written cancellation request.
No bills or
invoices will be sent by regular mail. All invoices will be sent directly to
customers via e-mail shortly after the online purchase has been made. At this
point the customer's card will be charged automatically.
All payment are
in US dollars.
PAYMENT
OPTIONS In order to streamline our accounting procedures and keep costs
down our company runs a limited number of payment options.
Credit /
Debit Cards: Our company accepts Master Card and Visa only.
Check
Payment: This option is only available to customers who pay annually for
their domain account. A credit / debit card number will still be required if
customers require the facility to purchase domains and other services on-line.
Our company cannot guarantee that a service will be provided until after any
received checks have been cleared.
30 DAY
MONEY BACK GUARANTEE For customers opening their first account the initial 30 days are
available with a money back guarantee. Customers will not be entitled to this benefit if
they have previously had an account with our company unless the period of absence
has been greater than one year. New customers will not be entitled to a trial
period if any account has previously been created at the same postal address
within the same 12 month time span.
CANCELLATION AND REFUNDS Customers may
cancel their account at any time. During the initial trial period customers who
wish to cancel will be entitled to a full refund for their hosting fees. Any
incentives offered to customers when opening the account will also be cancelled.
Customers may be given the option to purchase services which were offered as
start-up incentives in the result of a cancellation.
Our company reserves the right to cancel
the service at any time in our sole discretion. In this event customers will be entitled to a pro rata
refund based upon the remaining period of membership. If a customer violates
or contravenes
our company's terms of service a refund will not be issued in the event of a
cancellation.
Once the initial trial period has expired
if the customer wishes to cancel they are charged a $20 cancellation fee. Customers are not charged
a cancellation fee if service is cancelled
by our company. In addition some accounts incur other set-up fees, these charges are non-refundable.
INDEMNIFICATION Customer agrees that it shall defend,
indemnify, save and hold our company, harmless from any and all demands,
liabilities, losses, costs and claims, including reasonable attorney's fees
asserted against our company, its agents, its customers, officers and employees,
that may arise or result from any service provided or performed or agreed to be
performed or due to cancellation or any product sold by customer, its agents, employees or assigns.
Customer agrees to defend, indemnify and hold harmless our company against
liabilities arising out of; (1) any injury to person or property caused by any
products sold or otherwise distributed in connection with our company's server
or contracted servers; (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 our servers or contracted servers.
NOTICES
AND OTHER We reserve the right to remove a host at any time
without any warning in response to abuse of the network or if any
of the Terms of Service are in violation based on our sole discretion.
If you are dissatisfied with any of its terms, conditions, rules,
policies, guidelines, or practices, your sole and exclusive remedy is to
discontinue using the service. Any notice is deemed given when it is posted
on our web site or emailed to the customer's email on our records.
DISCLAIMER Our company will not be responsible for any damages
your business may suffer. Our company makes no warranties of any kind, expressed
or implied for services we provide. Our company disclaims any warranty or
merchantability or fitness for a particular purpose. The includes loss of data
resulting from delays, non-deliveries, wrong delivery, and any and all service
interruptions caused by our company and its employees. Our company reserves the
right to revise its policies, the services offered, and the specifications of
the service itself at any time and these changes shall be effective when posted on
this website. If any provision of this agreement is determined to be invalid or unenforceable,
all other provisions shall remain in full force and effect and said provision
shall be reformed only to the extent necessary to make it enforceable |