Acceptable Use Policy
Specific To Hosting (AUP)
This Acceptable Use Policy ("AUP") describe the proper kinds of conduct and prohibited uses of ItsYourNet's hosting services (the "Services"). This AUP is not exhaustive and ItsYourNet reserves the right to modify this AUP at any time, effective upon posting of the modified AUP at ItsYourNet.com. By registering for and using the Services, and thereby accepting the terms and conditions of this AUP, you agree to abide by these conditions as modified from time to time. Any violation of the AUP may result in the suspension or termination of your account or such other action as ItsYourNet deems appropriate.
Server Abuse:
Any attempt to undermine or cause harm to a server, or customer, of ItsYourNet is strictly prohibited.
From unauthorized use of other people's accounts or
computers, ItsYourNet will strongly react to any use or attempted use of an
Internet account or computer without the owner's authorization. Such attempts
include "Internet scamming" (tricking other people into releasing their
passwords), password theft, security hole scanning, etc.
Any unauthorized use of accounts or computers by a
ItsYourNet customer, whether or not the attacked account or computer belongs to
ItsYourNet, will result in action against the attacker. Possible actions include
warnings, account suspension or cancellation, and civil or criminal legal
action, depending on the seriousness of the attack.
IMPORTANT NOTE: ItsYourNet has the right to discontinue service,
or deny access to anyone who violates our policies or the terms and conditions
shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds or fees paid will be
made if account termination is due to violation of the terms outlined below or
due to violation of any policy found on the ItsYourNet.com
domain.
Customers may not run IRC, bots or clients on
shared servers. Unacceptable uses also include, but are not limited to:
Bulk E-mailing, unsolicited E-mailings, newsgroup spamming, pornographic
content, illegal content, copyright infringement, trademark infringement, warez,
cracks, software serial numbers, and/or anything else determined by ItsYourNet
to be unacceptable use of ItsYourNet's services including abuse of server
resources.
All hosting accounts may be terminated that include
the following content or which have links to the following content:
a. Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism or hatred.b. Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual.c. Displaying material that exploits children under 18 years of age.d. Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.e. Exporting encryption software over the Internet or otherwise, to points outside the United States.f. Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.g. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.Any account that is deactivated by the abuse team will be charged the following reactivation fees:
1st offense - $50.00
2nd offense - $125.00
3rd offense - $525.00 + Account termination
Reactivation fee(s) will only be waived if it is determined by the abuse team that the account was disabled without cause.
Abuse of Unlimited
Traffic:
ItsYourNet's customers are privileged to be offered unlimited* traffic for their Web sites. The intention of ItsYourNet is to provide a large space to serve Web documents, not an off site storage area for electronic files. All (90%) of your Web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on ItsYourNet's server(s). Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of ItsYourNet management. Any customer who violates ItsYourNet's Policies in abusing either space/site transfer will be notified and given two (2) days to remedy the problem. If the problem is not resolved within the allotted period, the client will be billed for the overages.
*To maintain the integrity of our shared hosting service the following limitations apply:
Sites with banners, graphics or cgi scripts running from their domain used on other domains. Sites with picture galleries (This is any site where 50% of the files transferred is graphics). Sites offering download files or archives (This is any site where 50% or more of there monthly traffic is from file downloads). Sites using more than 30% of system resources for longer than 60 seconds. Sites running multimedia files (QuickTime, Real Audio, Real Video, MP3, etc.).
For those that do not qualify for the unlimited service, traffic will go unmonitored until you reach 20 GB per month. Thereafter, normal data transfer cost of $14.00/1GB/month will be billed to your account. If you want to pre-pay for bandwidth overages, you will be billed $7.00/1GB/month.
You will receive a notice detailing your bandwidth usage if overages occur.
You will have five (5) days to visit your account with ItsYourNet to pay for your overages. If you do not pay for your overages your site will be disabled within five (5) days of your first notice.
ItsYourNet will be the sole arbiter as to what constitutes a violation of this provision.
ItsYourNet's customers are privileged to be offered unlimited* traffic for their Web sites. The intention of ItsYourNet is to provide a large space to serve Web documents, not an off site storage area for electronic files. All (90%) of your Web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on ItsYourNet's server(s). Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of ItsYourNet management. Any customer who violates ItsYourNet's Policies in abusing either space/site transfer will be notified and given two (2) days to remedy the problem. If the problem is not resolved within the allotted period, the client will be billed for the overages.
*To maintain the integrity of our shared hosting service the following limitations apply:
Sites with banners, graphics or cgi scripts running from their domain used on other domains. Sites with picture galleries (This is any site where 50% of the files transferred is graphics). Sites offering download files or archives (This is any site where 50% or more of there monthly traffic is from file downloads). Sites using more than 30% of system resources for longer than 60 seconds. Sites running multimedia files (QuickTime, Real Audio, Real Video, MP3, etc.).
For those that do not qualify for the unlimited service, traffic will go unmonitored until you reach 20 GB per month. Thereafter, normal data transfer cost of $14.00/1GB/month will be billed to your account. If you want to pre-pay for bandwidth overages, you will be billed $7.00/1GB/month.
You will receive a notice detailing your bandwidth usage if overages occur.
You will have five (5) days to visit your account with ItsYourNet to pay for your overages. If you do not pay for your overages your site will be disabled within five (5) days of your first notice.
ItsYourNet will be the sole arbiter as to what constitutes a violation of this provision.
Unsolicited E-mail (Spam):
Unsolicited Commercial or Business E-mail advertisements (UCE, UBE, or spam) are not allowed in E-mail, and will likely result in account cancellation.
ItsYourNet takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers.
The following activities are not allowed:
- Unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain.
- Forging, altering or removing electronic mail headers is prohibited. Any domain sending stealth spam will be terminated without warning and without refund, and may be subject to criminal or civil liability.
- Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing").
- Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most E-mail mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.
- E-Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving E-mail, you must not send that person any further messages.
- Providing spamware (software used to send bulk E-mail or software used to harvest E-mail addresses) or links to sites providing spamware is strictly prohibited and subject to demand for removal or account cancellation.
Note:
If you use the services of
another provider (including but not limited to the use of address lists obtained
from a third party vendor or provider) to promote a Web site hosted by or
through ItsYourNet (spamvertising), then the provisions of the above Policy
shall apply as if the spam were sent through our servers.
Penalty:
Penalty:
Depending on the severity of
your SPAMMING, ItsYourNet reserves the right to charge you between $2.00 -
$100.00 PER SPAM sent through our network. Your Web site content will also be
confiscated and it will be NEVER returned to you. As well as criminal and/or
civil liability charges may be initiated against you.
CGI Scripts
(This section does not apply to managed dedicated servers)
Each shared Unix Web hosting account comes with its
own cgi-bin, in which you are free to use any* CGI scripts you wish. All CGI
scripts (Perl scripts with a .pl or .cgi extension) intended for use on shared
Windows 2000 (Available by special order) Web hosting accounts are subject to
approval by our NT Administrators.
*See the Server Resource Abuse section.
Server Resource Abuse:
(This section does not apply to managed dedicated servers)
*See the Server Resource Abuse section.
Server Resource Abuse:
(This section does not apply to managed dedicated servers)
Shared server accounts are limited in use of
the amount of server resources. Shared server resource abuse includes any
process or service usage that affects normal shared server operation, resources
or connectivity, and which causes a server to become overloaded. Shared server
resources include CPU and memory usage, number of concurrent processes, number
of concurrent port or database connections and total bandwidth. Possible causes
of server resource abuse include, but are not limited to, the use of: CGI, Perl,
Sendmail, mySQL, MSSQL, PHP, ASP, COLDFUSION, HTTP, SMTP, POP3 and FTP. If
server resource abuse is detected, possible actions include, but are not limited
to: disabling of the offending script or scripts, disabling of the specific
service, disabling of the entire account or account cancellation. If server
overload is a result of server resource abuse, these actions will be taken
without prior notice or warning.
Child Pornography:
Our policy on child pornography is zero tolerance. ItsYourNet will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers who resell our services are ultimately responsible for the actions of their clients over the ItsYourNet network, and will be liable for illegal material posted by their clients.
According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen (18) years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen (18) years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen (18) years.
Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT (1-800-2325378)
Chat Rooms:
We do not allow clients to install their own chat rooms within a shared hosting account, without approving it with the ItsYourNet Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Pier to Server (P2S) chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others. We highly recommend the Web-based Voice-over Internet Protocol (VoIP) technology known as the ChatterBox if you wish to implement chat room technology.
Abuse of SMTP Mail Server:
We do not allow clients to send more than 2,000 pieces of E-mail per day from a shared hosting account. If you do send more than 2,000 pieces of E-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate E-mails and they total more than 2,000 per day your account will need to be moved to a special server that is specifically designed to handle high volumes of E-mail. You will be charged $75.00/month in addition to your regular hosting charges if your account is moved to this type of server. Please contact hosting@ItsYourNet.com to have your domain moved.
Background Running Programs:
We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. (this section does not apply to managed dedicated servers)
IRC:
We currently do not allow IRC, IRC clients, or IRC bots to be operated on any of our servers. In addition, IRC servers are not permitted on our network. Anyone found to be in violation of this policy risks immediate account termination.
Excessive Use/Overages:
You will not exceed the bandwidth, storage and E-mail usage limits outlined by your particular Web hosting package. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month or if you exceed E-Mail storage and attachment size limitations, ItsYourNet may, in its sole discretion, assess you with additional charges. If ItsYourNet elects to take any corrective action, ItsYourNet will not refund any unused pre-paid fees. Your use of your account and access to it is your responsibility. You are responsible for any unauthorized access to your account resulting in bandwidth, storage and/or E-mail usage exceeding the limits outlined in your particular Web hosting package specifications and resultant charges. Bandwidth overages are currently billed at $14/GB/month. Disk space overages are currently billed at $.35/MB/month. E-mail attachments overages are currently billed at $.15 per E-mail over 10MB.
Payment Policies:
All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. ItsYourNet reserves the right to change prices at any time, unless other terms have been agreed upon. Credit card accounts are subject to login deactivation upon the card declining for charges within 24 hours of E-mail notification. Any account not brought current within a five (5) days of E-mail notice or exceeding this time frame in any way is subject to complete account deactivation. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies ItsYourNet with request for termination of services. All payments are in U.S. currency. ItsYourNet will bill each client $50.00 per returned check, per wire transfer received, and per credit card chargeback received. All ItsYourNet accounts are setup on anniversary billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle, during a current cycle, there will be a $60.00 fee. Please contact the billing department at billing@ItsYourNet.com should you wish to change your anniversary billing cycle. Any account that is not brought current prior to deactivation will be charged a $35.00 reactivation fee as well as a $20.00 late charge, per domain deactivated. In addition, if your credit card declines for any reason ItsYourNet reserves the right to charge your account an additional $5.00 service charge every time your card is declined. ItsYourNet may impose a debt service charge equal to one and one-half percent (1.5%) of the overdue balance (or such lesser amount as may be required by law) for each month or fraction thereof the overdue amount remains unpaid. All taxes, fees, and governmental charges relating to the Services provided hereunder (other than income taxes of ItsYourNet) shall be paid by Customer. ItsYourNet accepts paper checks from customers for payment of Web hosting services and fees associated with your account. However, there will be a $10.00/month processing fee for each customer paying by paper check unless said paper check funds are certified by the issuing bank or provided via US Postal Money Order. Additionally, if you decide to switch your payment method of billing cycle you will be charged a $15.00 processing fee for that change.
Cancellation:
ItsYourNet reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by ItsYourNet if ItsYourNet institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)
All of ItsYourNet's Web hosting plans are backed by a fifteen (15) day money back guarantee* (*see restrictions below). If you are not completely satisfied with our services or support within the first fifteen (15) days of your contract and/or account setup, you will be given a full refund of the contract amount excluding setup fees, domain registration fees, add-on/upgrade fees and overages. Setup fees are refundable only if the account order is canceled prior to account activation (Free Hosting setup fees are non-refundable). For Web hosting contracts, and dedicated servers packages, the full contract amount less any setup fees and overages will be refunded if ItsYourNet is notified within the first fifteen (15) days following activation. No refund is available after the fifteenth (15th) day. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, etc. Due to security concerns, all account cancellations must be done following the steps outlined. Cancellations via E-mail requests will not constitute acceptance of any cancellation. Refunds will be made by company check or issued back to your credit card within forty-five (45) days of receipt of cancellation. To receive your refund, you must terminate this Agreement in the manner described in above and cease using the Services. Cancellations are processed only from 12:00 PM to 9:00 PM Central time on Monday to Friday. No cancellations are processed on holidays or weekends.
Child Pornography:
Our policy on child pornography is zero tolerance. ItsYourNet will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers who resell our services are ultimately responsible for the actions of their clients over the ItsYourNet network, and will be liable for illegal material posted by their clients.
According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen (18) years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen (18) years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen (18) years.
Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT (1-800-2325378)
Chat Rooms:
We do not allow clients to install their own chat rooms within a shared hosting account, without approving it with the ItsYourNet Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Pier to Server (P2S) chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others. We highly recommend the Web-based Voice-over Internet Protocol (VoIP) technology known as the ChatterBox if you wish to implement chat room technology.
Abuse of SMTP Mail Server:
We do not allow clients to send more than 2,000 pieces of E-mail per day from a shared hosting account. If you do send more than 2,000 pieces of E-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate E-mails and they total more than 2,000 per day your account will need to be moved to a special server that is specifically designed to handle high volumes of E-mail. You will be charged $75.00/month in addition to your regular hosting charges if your account is moved to this type of server. Please contact hosting@ItsYourNet.com to have your domain moved.
Background Running Programs:
We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. (this section does not apply to managed dedicated servers)
IRC:
We currently do not allow IRC, IRC clients, or IRC bots to be operated on any of our servers. In addition, IRC servers are not permitted on our network. Anyone found to be in violation of this policy risks immediate account termination.
Excessive Use/Overages:
You will not exceed the bandwidth, storage and E-mail usage limits outlined by your particular Web hosting package. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month or if you exceed E-Mail storage and attachment size limitations, ItsYourNet may, in its sole discretion, assess you with additional charges. If ItsYourNet elects to take any corrective action, ItsYourNet will not refund any unused pre-paid fees. Your use of your account and access to it is your responsibility. You are responsible for any unauthorized access to your account resulting in bandwidth, storage and/or E-mail usage exceeding the limits outlined in your particular Web hosting package specifications and resultant charges. Bandwidth overages are currently billed at $14/GB/month. Disk space overages are currently billed at $.35/MB/month. E-mail attachments overages are currently billed at $.15 per E-mail over 10MB.
Payment Policies:
All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. ItsYourNet reserves the right to change prices at any time, unless other terms have been agreed upon. Credit card accounts are subject to login deactivation upon the card declining for charges within 24 hours of E-mail notification. Any account not brought current within a five (5) days of E-mail notice or exceeding this time frame in any way is subject to complete account deactivation. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies ItsYourNet with request for termination of services. All payments are in U.S. currency. ItsYourNet will bill each client $50.00 per returned check, per wire transfer received, and per credit card chargeback received. All ItsYourNet accounts are setup on anniversary billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle, during a current cycle, there will be a $60.00 fee. Please contact the billing department at billing@ItsYourNet.com should you wish to change your anniversary billing cycle. Any account that is not brought current prior to deactivation will be charged a $35.00 reactivation fee as well as a $20.00 late charge, per domain deactivated. In addition, if your credit card declines for any reason ItsYourNet reserves the right to charge your account an additional $5.00 service charge every time your card is declined. ItsYourNet may impose a debt service charge equal to one and one-half percent (1.5%) of the overdue balance (or such lesser amount as may be required by law) for each month or fraction thereof the overdue amount remains unpaid. All taxes, fees, and governmental charges relating to the Services provided hereunder (other than income taxes of ItsYourNet) shall be paid by Customer. ItsYourNet accepts paper checks from customers for payment of Web hosting services and fees associated with your account. However, there will be a $10.00/month processing fee for each customer paying by paper check unless said paper check funds are certified by the issuing bank or provided via US Postal Money Order. Additionally, if you decide to switch your payment method of billing cycle you will be charged a $15.00 processing fee for that change.
Cancellation:
ItsYourNet reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by ItsYourNet if ItsYourNet institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)
All of ItsYourNet's Web hosting plans are backed by a fifteen (15) day money back guarantee* (*see restrictions below). If you are not completely satisfied with our services or support within the first fifteen (15) days of your contract and/or account setup, you will be given a full refund of the contract amount excluding setup fees, domain registration fees, add-on/upgrade fees and overages. Setup fees are refundable only if the account order is canceled prior to account activation (Free Hosting setup fees are non-refundable). For Web hosting contracts, and dedicated servers packages, the full contract amount less any setup fees and overages will be refunded if ItsYourNet is notified within the first fifteen (15) days following activation. No refund is available after the fifteenth (15th) day. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, etc. Due to security concerns, all account cancellations must be done following the steps outlined. Cancellations via E-mail requests will not constitute acceptance of any cancellation. Refunds will be made by company check or issued back to your credit card within forty-five (45) days of receipt of cancellation. To receive your refund, you must terminate this Agreement in the manner described in above and cease using the Services. Cancellations are processed only from 12:00 PM to 9:00 PM Central time on Monday to Friday. No cancellations are processed on holidays or weekends.
*Guarantee
Restrictions:
*Basic Hosting (50 MEG domain
hosting)
Basic Hosting packages are non-refundable once logins have been activated by you. If the account is cancelled within the first fifteen (15) days, and the logins have not been activated, you will be given a full refund minus the setup fee(s).
Basic Hosting packages are non-refundable once logins have been activated by you. If the account is cancelled within the first fifteen (15) days, and the logins have not been activated, you will be given a full refund minus the setup fee(s).
*Standard and E-business Hosting (500 to 1000 MEG domain hosting)
All Standard and E-business Hosting packages must be cancelled according to the terms outlined in your contract. A cancellation notice must be submitted in writing fifteen (15) days in advance. Once the written cancellation notice has been received, you will be contacted via E-mail regarding any restrictions or final obligations owed on your contract.
*5 to 25 Domain Hosting (50 to 500 MEG per domain)
All 5 to 25 Domain Hosting packages must be cancelled according to the terms outlined in your contract. A cancellation notice must be submitted in writing fifteen (15) days in advance. Once the written cancellation notice has been received, you will be contacted via E-mail regarding any restrictions or final obligations owed on your contract. Canceling a 5 to 25 Domain Hosting package cancels all hosting of all domains in the package.
*25% and 50% Shared Unix Server
All 25% and 50% Shared
Unix Server Hosting packages must be cancelled according to the terms outlined
in your one (1) year contract. A cancellation notice must be submitted in
writing fifteen (15) days in advance. Once the written cancellation notice
has been received, you will be contacted via E-mail regarding any restrictions
or final obligations owed on your contract.
*Dedicated Unix Server
All Dedicated Unix Server Hosting
packages must be cancelled according to the terms outlined in your one (1) year
contract. A cancellation notice must be submitted in writing fifteen (15)
days in advance. Once the written cancellation notice has been received, you
will be contacted via E-mail regarding any restrictions or final obligations
owed on your contract.
*Personal and/or Professional Web Design with Hosting
Personal and Professional Web Design with or without Hosting packages are non-refundable once production has begun, the site has been approved, and/or is launched. If the account is cancelled within the first fifteen (15) days, and production has not begun, the account can be cancelled for a full refund excluding the setup fee(s) and, if applicable, domain registration and/or transfer fee(s), and/or estimate fee(s) for Professional Web Design if any such fee(s) is charged.
*Global-7 Search Engine Submission
Global-7 Search Engine Submission packages are non-refundable once submissions have been activated. If the Global-7 Search Engine Submission is cancelled and the submissions have not been activated, you will be given a full refund minus the setup/optimization fee.
*Special Offers, Deals, and Extras/Add-ons
All Special Offers, Deals, and Extras/Add-ons are non-refundable. If the account is cancelled within the first fifteen (15) days, only ItsYourNet account credits are given for the full amount excluding setup fees, domain registration and/or transfer fees, add-on/upgrade fees, and overages.
*Affiliate Program
Membership in the Affiliate Program may be canceled at any
time without penalty. Given there are no fees to become an Affiliate, there
is no refund that can be issued. If you are an Affiliate and cancel your
membership, any and all Customers and/or Affiliates you may have signed into the
Affiliate program will be attached to the person, company, entity (your
"Sponsor") who you registered in the Affiliate program with. You will
also forfeit any commissions that may have accumulated and will have no
claim to any future commissions generated from any person, company, entity
(your "Personally Enrolled" and/or "Tier-1" commissions") that you have
enrolled, or that your Affiliates have enrolled or may enroll (your "Tier-2
commissions"). For more information about entry into and/or cancellation from
our Affiliate program, please refer to the "Affiliate Terms and Conditions" near
the bottom of the Affiliate registration/signup page.
*Free Hosting
(Hosting provided free of charge)
Any Free Hosting package provided
contains a $4.00 setup fee (processing and IP Address purchase fee on each
domain), which is non-refundable, and a security deposit in the amount of
the normal monthly price of the respective MEG packages per domain
hosted. If the Free Hosting Accountholder cancels their subscription
to the program and/or service that originally enabled them to receive the Free
Hosting, the security deposit on each domain we continue to host will be applied
to the 1st month of regular/normal hosting on or about the date of
cancellation with the respective subscription to the program and/or
service, the Free Hosting Accountholder will then change from Free Hosting
Accountholder to Hosted Customer status in our free Affiliate Program, and
the security deposit will then generate commissions payable to their
respective Sponsor of the Hosted Customer and that Sponsor's Sponsor in the
2-Tier Affiliate compensation structure. To continue hosting of each domain
thereafter, the Hosted Customer Accountholder will be required to
authorize monthly billing of the respective MEG fee per domain for each
month they wish to continue using our hosting, for
which instructions will be sent via E-mail. If the Free Hosting
Accountholder wishes to discontinue hosting on our server(s), and receive a
full refund of the security deposit made on each domain hosted, a cancellation
notice must be submitted in writing while they still retain Free Hosting
Accountholder status, or, if they intend to cancel their monthly subscription to
the respective program and/or service from which the Free Hosting was obtained,
at least fifteen (15) days in advance of canceling their
involvement of the monthly subscription to the respective program and/or
service that originally enabled them receipt of Free Hosting. For more
information on how to receive Free Hosting, become a Free Affiliate in
our 2-Tier Free Affiliate Program and refer to the Terms, Conditions and
Policies found near the bottom of the Affiliate Web site pages and
Affiliate registration/signup page.
If you are a subscriber to our ISP (Internet Connection)
sister service, please refer to the "Terms of Use: Cancellation" section
located at our ISP domain for instructions.
Liability and Obligations on Cancellation:
If the Agreement expires or is cancelled for any reason, ItsYourNet is not liable to you because of the expiration or cancellation for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from the termination or expiration. If you terminate this Agreement, ItsYourNet will not relieve you of any obligations to pay fees and costs accrued before the termination date or any other amounts you owe to ItsYourNet under this Agreement.
IP Address Overlap:
ItsYourNet administers the network on which customer servers reside. The customer cannot use IP addresses which were not assigned to them by ItsYourNet. Any server found using IPs which were not officially assigned will be suspended from network access until such time as the IP addresses overlap can be corrected.
Material and Product Requirements:
You must ensure that all material and data placed on ItsYourNet's equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by ItsYourNet. ItsYourNet will make no effort to validate any of this information for content, correctness or usability. If your material is not "server-ready", ItsYourNet may reject this material. ItsYourNet will notify you of its refusal of the material and afford you the opportunity to modify the material to satisfy ItsYourNet's requirements. Use of the Services we provide, or any hosting service, requires a certain level of knowledge in the use of Internet languages, protocols, software, and/or the construction of Web sites. This level of knowledge varies depending on the anticipated use and desired content of your Web site. You must have the necessary knowledge to create and maintain a Web site. ItsYourNet does not provide this knowledge or customer support outside of the Services, or, except as provisioned to our Affiliates free of charge, in our "How To Be A Webmaster" training sessions.
Intellectual Property Rights:
Material accessible to you through ItsYourNet's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use ItsYourNet or its server(s) and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the ItsYourNet network. If you use a domain name in connection with ItsYourNet or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Network Security:
Customers may not use the ItsYourNet network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. ItsYourNet will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability. You are solely responsible for any security breaches affecting servers or accounts under your control. If your server or Web site is responsible for or involved in an attack on or unauthorized access into another server or system, ItsYourNet will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting ItsYourNet or any of its other customers.
Electronic Commerce:
You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.
You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.
Static / Dynamic Content Caching:
You expressly (i) grant to ItsYourNet a license to cache the entirety of your Web site, including content supplied by third parties, hosted by ItsYourNet under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
IP Address Ownership:
ItsYourNet shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by ItsYourNet and ItsYourNet reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
Domain Name Registration:
Customer agrees to pay ItsYourNet prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the ItsYourNet price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if Customer's domain name registration is suspended, cancelled or transferred prior to the end of Customer's then current registration term. ItsYourNet reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer's requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed Customer's registration in an E-mail from ItsYourNet to the E-mail address indicated in Customer's registration application. In the event of a charge-back by a credit card company (or similar action by another payment provider allowed by ItsYourNet ) in connection with the payments of the registration fee for Customer's domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to ItsYourNet as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. ItsYourNet will reinstate Customer's domain name registration solely at ItsYourNet's discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Dedicated Server 48 Hour Setup Guarantee:
(a) Coverage:
ItsYourNet's 48 Hour Setup Guarantee will only apply to those standard, pre-configured Dedicated Servers. This guarantee does not apply to non-standard configurations, such as changing RAID levels, load balancing, clustering, advanced solutions and other add-on features. Custom, made-to-order Dedicated Servers do not apply to this offer. 48 Hour Setup Guarantee does not apply to orders received on the Weekends or Holidays. This offer applies only to a primary server. On occasion, ItsYourNet may offer specials like a 2 For 1 Server or other special offers related to Managed Dedicated Servers. If the customer is electing for a special or a 2 For 1 server offer if or when such an offer is made available, the secondary, or free server, will be setup within thirty-five (35) days from the day the primary server is placed online.
(b) Guarantee:
For those Covered Servers described in (a) above, ItsYourNet will Provision such servers within 48 hours of receiving a customer order, once such customer order has been confirmed and any necessary credit checks have been performed. 48 Hour Setup will mean that, for those customer orders for Covered Servers received and confirmed (including any necessary credit checks) by 6:00 PM United States Central Time during a Weekday, the Covered Server will be Provisioned by 12:00 AM (midnight) United States Central Time the day after the following Day. Weekday will mean Monday through Friday, excluding the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day. Provision will mean that ItsYourNet has generated an E-mail to the customer with the proper information to enable the customer to send and receive information from and to the Covered Server.
(c) Credit:
If ItsYourNet is unable to meet the 48 Hour Guarantee as described in section titled "Dedicated Server 48 Hour Setup Guarantee", ItsYourNet will issue a credit or refund of One Hundred Dollars ($100.00) of the Set-up fee described for the Covered Server. Such credit may be applied to future months service fees in ItsYourNet's discretion.
(d) Restrictions:
Credits will not be provided to you in the event that you do not have your Covered Server Provisioned by the Next Weekday resulting from (i) your behavior or the performance or failure of your equipment, facilities or applications, or (ii) circumstances beyond ItsYourNet's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, or any other "Act of Nature", 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), 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.
Copyright Infringement:
DIGITAL MILLENNIUM COPYRIGHT ACT
Notice and Procedure for Making Claims of Copyright Infringement:
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the ItsYourNet system or Web site should be sent ONLY to our Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING ITSYOURNET THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g. REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
Written notification must be submitted to the following Designated Agent:
ATTN TO: Legal Department - Agent for Claims
ItsYourNet, LLC Hosting Division
P.O. Box 2788
Weatherford, TX 76086
Fax: +1(817)594-0610
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
1. Physical or electronic signature of a person authorized to act on behalf of the copyright owner.
2. Identification of the copyrighted work claimed to have been infringed or a representative list if multiple works are involved.
3. Identification of the material that is claimed to be infringing that should be removed or access to disabled and information reasonably sufficient to enable the online service provider to locate the material (usually a URL to the relevant page).
4. Information reasonably sufficient to allow the online service provider to contact the complaining party (address, phone number, E-mail address).
5. Statement that the complaining party has "a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law."
6. Statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
Lawful Purpose:
ItsYourNet reserves the right to refuse service to anyone. Customers may only use ItsYourNet server(s) for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of ItsYourNet management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue and jurisdiction this contract was entered into and performed in Parker County, Texas, and any dispute will be litigated or arbitrated in Parker County, Texas. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Parker County Courts. IN NO EVENT SHALL ITSYOURNET'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
Indemnification:
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD ITSYOURNET, LLC AND/OR ITSYOURNET.COM HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST ITSYOURNET, LLC AND/OR ITSYOURNET.COM, 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 ITSYOURNET, LLC AND/OR ITSYOURNET.COM AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH ITSYOURNET'S SERVER(S); (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 ITSYOURNET'S SERVER(S).
Disclaimer:
ITSYOURNET, LLC AND/OR ITSYOURNET.COM WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. ITSYOURNET, LLC AND/OR ITSYOURNET.COM MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. ITSYOURNET, LLC AND ITSYOURNET.COM DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY ITSYOURNET, LLC AND/OR ITSYOURNET.COM, ITS AGENTS, AND ITS EMPLOYEES. ITSYOURNET, LLC RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF ITSYOURNET, LLC MUST ADHERE TO THE ABOVE POLICIES.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.