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Terms of Use
ICS Hosting agrees to deliver the agreed upon services, as declared in the “New Account” confirmation, to our customers at the time of purchase, subject to the following Terms of Service (hereafter referred to as TOS).
In addition, the use of ICS Hosting's service(s) by a subscriber constitutes an unconditional acceptance of and agreement to ICS Hosting's TOS. ICS Hosting reserves the right to change or modify the TOS at any time without notice.
I. 100% Money-Back Guarantee
30-Day Money Back Guarantee
ICS Hosting proudly offers its subscribers a "30-Day Money Back Guarantee.” This guarantee allows subscriber to purchase ICS Hosting’s services with full confidence and zero-risk. Consequently, subscriber may request a full refund within 30 days of initial sign-up and be refunded all fees paid to-date, including setup fees, less any additional over-usage and any domain registration costs (costs of domain registrations are calculated at the regular cost of the domain registrations). Terminated accounts are not eligible for this guarantee if the termination occurred due to a violation of this TOS.
This guarantee can be requested at anytime within the 30 days of the commencement of service if subscriber is not satisfied with ICS Hosting’s services. If the 30-day service of the subscription has been exceeded, subscriber is not eligible for this guarantee. A request for this guarantee must be submitted via ICS Hosting’s support e-mail: support@icshost.net
If requesting a refund, we ask that subscriber briefly explains the reasons for doing so, as well as any suggestions on how ICS Hosting could improve service.
II. 99.9% Uptime Guarantee
ICS Hosting guarantees that your website will be up and running at least 99.9% of the time during any 12-month period. This guarantee includes network uptime, server uptime, web server and service uptime. It does not cover any areas where ICS Hosting has no direct influence, such as backbone provider failures, fibre-optic main line cuts, DNS or Registrar issues with subscriber’s domain name, routing issues between subscriber location and ICS Hosting data center. The uptime guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that ICS Hosting cannot directly influence.
To request a service credit due to an uptime concern, please submit a request for this guarantee via ICS Hosting’s support e-mail: support@icshost.net
If requesting a “service credit” we ask that subscriber briefly explains the reasons for doing so.
III. Prohibition of Adult Content
Subscribers of ICS Hosting’s services are prohibited from storing or posting adult content, or links to adult content, through the subscribed service. All material of pornographic nature is considered adult content. Online image galleries whose primary purpose is the public display of fine art or artistic mediums are not considered to be adult content.
IV. "Fair-Use" Resource Assignment
ICS Hosting offers specified amounts of disk space and/or other resources, such as bandwidth transfer, e-mail or FTP accounts. The intention of ICS Hosting is to provide ample resources for customer convenience, so that customers needn't to worry about exceeding limits.
It is acknowledged by users of ICS Hosting services that these resource allotments are optimized and dedicated towards serving web documents and self-need e-mail / FTP services and is not to be used as offsite storage area for electronic files, or as a provisioning service for third party e-mail or FTP hosts. All downloadable files or files stored on the server must be available for download via a HTML document stored on the Internet in a publicly or privately accessible area, and must be directly related to the general nature of the website index. Illegal content such as pirated software, music or other media are strictly prohibited and are not allowed on ICS Hosting servers.
It is also acknowledged by users of ICS Hosting services that these resources are limited by physical restraints of technology as well as by reasonable limits of a shared resource environment. Users must realize that server technology limits the amount of available resources for use, including but not limited to disk drive space, CPU processing power, memory and access speed. ICS Hosting takes measures to utilize the latest and most economically feasible mass server market technology available to provide services. It is furthermore acknowledged by users of ICS Hosting services that all provided services are of a shared-server nature, and other users are sharing the provided space. Customer accounts are placed on a server with up to hundreds of other users. ICS Hosting, along with many other hosting providers use this business model in order to offer web hosting services en masse at inexpensive and affordable rates.
It is acknowledged that any single account is entitled to utilize the server resources, within reason, up to what is allotted or by what is physically available. If resources become scarce, ICS Hosting reserves the right to limit users of the affected machine to a lower limit to preserve the effectiveness of the service for all users. If a particular user is in extreme excess of what the average users of the machine have in use (actually used) of their resource allotments, that customer may be asked to remove content, cut resource usage, or relocate to a dedicated service provider. This policy only applies to web sites that are considered to be abusive in service, disk space or resource consumption and where it is evident that the "fair-use" of resources among customers has been breached, particularly in regards to disk space, bandwidth or CPU processing power utilization. Additionally, 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 sole discretion of ICS Hosting.
If a "Fair-Use" breach occurs, which determination is solely up to ICS Hosting, subscriber may have to remove files from or reduce access to subscriber's account to an extent as determined by ICS Hosting, in order to restore full serviceability to other subscribers affected by the breach. In any case, the subscriber will be notified of any actions that ICS Hosting may have to take.
V. SPAM and Unsolicited Commercial E-mail (UCE)
ICS Hosting takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM through our network and services. Customers of ICS Hosting may not use, or permit others to use, our network to partake in UCE distribution. Customers of ICS Hosting may not host or permit hosting of sites or information that is advertised by UCE from other networks.
Upon notification of an alleged violation of our SPAM policy, ICS Hosting will initiate an immediate investigation. During the investigation, ICS Hosting may restrict customer access to the network to prevent further violations. Subscriber will thereafter be advised of the situation. If a subscriber is found to be in violation of this TOS, ICS Hosting may, at its sole discretion, unilaterally restrict, suspend or terminate the violating customer's account. Further, ICS Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. ICS Hosting will notify law enforcement officials if the violation is believed to be a criminal offense.
VI. Prohibited Scripts and Applications
ICS Hosting strictly prohibits the use of certain scripts such as IRC, Proxy, SSH, Telnet, or any other script which may overwhelm server resources due to the inherent nature of the script itself or by defect in the coding of the script. If a user script is found to be in violation of this clause, or is found to be overwhelming system resources, the user may be requested to remove the script, or in cases of system resource abuse, it may be removed without prior warning and/or the user account may be suspended for further review.
VII. Payment
Establishment of this service is dependent upon receipt of payment of stated charges by ICS Hosting. Subsequent payments are due on the anniversary date of the month for that month's service or whichever is the selected billing cycle.
VIII. Failure to Pay
ICS Hosting may temporarily deny or terminate service upon the failure of the subscriber to pay the charges when due. Such termination or denial will not relieve the subscriber of responsibility for the payment of all accrued charges and any collection fees.
IX. Account Cancellation
A subscriber may cancel his account at any time online via his account control panel’s “Billing Options.” If requesting a cancellation, we ask that subscriber briefly explains the reasons for doing so, as well as any suggestions on how ICS Hosting could improve service. The cancellation will take effect immediately and the subscriber’s account will remain active until the end of the subscription. Account resumption is possible with one click from the same menu, in case you should decide not to cancel.
X. Subscriber Acknowledgment
Subscriber acknowledges that the service provided is of such a nature that the service can be interrupted for many reasons other than the negligence of ICS Hosting and that damages resulting from any interruption of service are impossible to ascertain. Therefore, subscriber agrees that ICS Hosting shall not be liable for any damages arising from such causes beyond the direct and exclusive control of ICS Hosting. Subscriber further acknowledges that the ICS Hosting’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall ICS Hosting be liable for any special or consequential damages, loss or injury.
XI. Change of Nameservers
In cases of new hosting accounts or additions / modifications to hosted domain names or any other cases which involve the change of nameservers of a domain from other DNS servers to ICS Hosting's DNS servers, there may occasionally be a delay of several days, weeks or longer depending on the accessibility of control options at the respective registrar of the domain name registration. It is possible that if the registrar (or the entity having control over the domain registration) is not cooperative, the domain nameservers can not be changed at all. Due to the unpredictable nature of the nameserver change process, no guarantees are made regarding the amount of time a specific change may take. On customer request, nameserver change of domain names is done by ICS Hosting on behalf of the account holder. In such cases, a successful change of nameservers cannot be guaranteed in any way or fashion as it solely depends on the accessibility or cooperation by the domain name registration’s registrar.
XII. Support Boundaries
ICS Hosting provides technical support to its subscribers. We limit our technical support to our area of expertise. The following is our guideline when providing support: ICS Hosting provides support related to your service plan’s features’ physical functioning. ICS Hosting does not provide technical support for the subscriber’s customers. The only way to request technical support is to utilize the technical support helpdesk located in your ICS Hosting control panel. If you are able to get online and have other questions, the answers may be on our documentation manual at http://icshost.net/
We encourage you to check there first. Lastly, the "Quick Help" option in the control panel you are using may have the answer to your question. Please investigate these resources before contacting tech support.
XIII. Network
A. IP Address Ownership
If ICS Hosting assigns a subscriber an IP address for use with the subscription, the right to use that IP address shall belong only to ICS Hosting and the subscriber shall have no right to use that IP address except as permitted by ICS Hosting. ICS Hosting shall maintain and control ownership of all IP numbers and addresses that may be assigned to subscribers by ICS Hosting. ICS Hosting reserves the right to change or remove all such IP numbers and addresses in its sole and absolute discretion, at any time.
B. Data Transfer and Disk Usage
Subscriber agrees that bandwidth and disk usage shall not exceed the maximum number of megabytes per month for the service plan subscribed by the customer (“Agreed Usage”). ICS Hosting will monitor subscriber’s bandwidth and disk usage. ICS Hosting shall have the right to take corrective action if subscriber’s bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all services, or termination of this Agreement, which actions may be taken is in ICS Hosting's sole and absolute discretion, at any time deemed necessary by ICS Hosting. If ICS Hosting takes any corrective action under this section, subscriber shall be entitled to a pro-rated refund of any fees paid in advance prior to such action. In any cause, subscriber will be warned of approaching or exceeded resource limits via e-mail by ICS Hosting’s automated notification system.
C. System and Network Security
Subscribers or any network users are prohibited from violating or attempting to violate the security of ICS Hosting’s network or any and all components there in. Violations of system or network security may result in civil or criminal liability. ICS Hosting will investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting subscribers who are involved in such violations. These violations include, but are not limited to:
1. Accessing data not intended for such subscriber or logging into a server or account, which such subscriber is not authorized to access.
2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
3. Attempting to interfere with service to any subscriber, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing."
4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
5. Taking any action in order to obtain services to which subscriber is not entitled.
XIV. Notification of Violation
Subscribers or any network users are prohibited from violating or attempting to violate the security of ICS Hosting’s network or any and all components there in. Violations of system or network security may result in civil or criminal liability. ICS Hosting will investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting subscribers who are involved in such violations. These violations include, but are not limited to:
1. First violation: Any Subscriber, which ICS Hosting determines to have violated any element of this TOS shall receive an e-mail warning them of the violation. Subscriber’s service is subject to a temporary suspension at ICS Hosting's discretion pending a subscriber's agreement in writing to refrain from any further violations.
2. Second violation: Subscribers, whom ICS Hosting determines to have committed a second violation of any element of this TOS shall be subject to immediate suspension or termination of service without further notice.
NOTE: ICS hosting reserves the right to drop the section of IP space involved in SPAM or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contacting the subscriber. ICS Hosting will contact the subscriber as soon as it is feasible.
XV. Suspension of Service or Cancellation
ICS Hosting reserves the right to suspend network access to any subscriber if in the judgment of ICS Hosting, the subscriber’s account is the source or target of a violation of any of the terms of the TOS, or for any other reason which ICS Hosting deems necessary.
If inappropriate activity is detected, all accounts of the subscriber in question will be deactivated until our investigation is complete. Prior notification to the subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The subscriber may not be credited for the time the subscriber’s machines were suspended if the subscriber is found to be at fault.
XVI. Miscellaneous Provisions
Subscriber must provide ICS Hosting real and current contact information at all times. E-mail address, telephone and fax contacts are used, and in that order of preference. If we are unable to contact you if needed, your account will be suspended until you notify us of your correct contact information.
1. ICS Hosting takes no responsibility for any material placed on its network by others. ICS Hosting is not responsible for the content of any other Websites linked to. Links to other sites are provided as Internet navigation tools only. ICS Hosting disclaims any responsibility for any inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
2. ICS Hosting’s subscribers are not permitted to run IRC servers
XVII. Disclosure to Law Enforcement
The TOS specifically prohibits the use of our service for illegal activities. Therefore, subscriber agrees that ICS Hosting may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agency that requests such information, provided they posses the proper court-approved warrant, without consent or notification to the subscriber.
XVIII. Indemnification
Each party (the “Indemnifying Party”) hereby indemnifies the other party (the “Indemnified Party”), its officers, directors, employees and agents, and agrees to defend and hold them harmless from and against any and all liability, damage, loss or expense (including reasonable attorneys fees) arising from any claim, demand, action or proceeding based upon the alleged breach or untruthfulness of any of the Indemnifying Party’s representations or warranties, or incurred in the settlement or avoidance of any such claim, provided, however, that the Indemnified Party shall give prompt notice to the Indemnifying Party of the assertion of any such claims and provided further that Indemnifying Party shall have the right to select counsel and control the defense thereof, subject to right of the Indemnified Party to participate therein.
XIX. Severability
If any provision of this TOS shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this TOS is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
XX. Applicable Law
This TOS is subject to the governing laws of the State of Oklahoma. Courts of competent jurisdiction in Tulsa, Oklahoma shall hear and decide any disputes.
ICS Hosting
7107 S. Yale Ave.
#275
Tulsa, OK 74136
800-995-9497
support@icshost.net
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