- ACCEPTANCE
OF TERMS OF SERVICE
- As
a precondition and requirement to use the services available via IHostPro.co.uk,
you, for yourself and for the company or other person(s), if any, you
represent ("Subscriber" or "Subscribers", as
applicable), hereby accept and agree to be legally bound by these Terms
of Service ("Terms"). These Terms are effective immediately
between the Subscriber and IHostPro, Inc. dba IHostPro.co.uk,
its subsidiaries and affiliates ("IHostPro"). Each Subscriber
is subject to these Terms, and by using IHostPro's services, network
and/or systems (collectively the "Services"), Subscriber agrees
to be legally bound by and subject to all terms and conditions contained
in these Terms, including as well all usage policies and other policies
herein. To the extent not inconsistent therewith, these Terms are also
incorporated into the individual service agreement, if any, of each
Subscriber.
- Subscriber
represents and warrants that, if an individual, Subscriber is at least 18
years old and otherwise legally competent in all respects to, or, if an
entity, Subscriber is a corporation, limited liability company,
partnership, or other legal entity duly formed and in good standing, as
applicable, and possesses all legal authority and power to accept and be
bound by these Terms. Additionally, Subscriber represents and warrants
that neither it, she, or he (as applicable), nor any entity it, she or he
represents, is prohibited under any part of section 13 of these Terms
from registering or signing up with or otherwise subscribing to or
receiving any of the Services from IHostPro. Further, Subscriber
represents and warrants all information provided by Subscriber to IHostPro
has been and is complete, accurate, and current, and that Subscriber
shall continue to provide complete, accurate and current information to IHostPro
in connection with all registration or renewal processes and further
agrees to update all such information as necessary to maintain complete,
accurate and current information. Although subscribers of paid services
offered through IHostPro must be at least 18 years of age and otherwise
legally competent to accept and be legally bound by these Term, a parent
or legal guardian of a minor may obtain an account on the minor's behalf,
and by doing so, consents to such minor's use of the Services.
Subscribing parents and legal guardians each for herself or himself, as
applicable, accept and agree to be legally bound by these Terms, and
assume full responsibility and liability associated with any failure of
compliance with the Terms in connection with said minor's use of any of
the Services.
- IHostPro
intends to provide the best possible web hosting service to each of its
Subscribers. IHostPro is also dedicated to staying abreast of new and
available technologies that will better serve our Subscribers. However,
due to changing technologies, changing laws and the individual and
collective needs of our Subscribers, IHostPro reserves the right, in its
sole discretion, to change, modify, add or remove all or any part of these
Terms at any time with or without notice.
- Subscribers
may view the most current version of these Terms at www.iHostPro.co.uk/cgi/terms.
Any use of the Services by Subscriber, after changes, modifications,
additions or deletions to these Terms are posted on the IHostPro.co.uk
website, shall constitute Subscriber's acceptance of all such changes,
additions, modifications or deletions. If a Subscriber does not agree to
any such alterations to these Terms, the Subscriber's sole and exclusive
remedy is to cancel the Subscriber's account as set forth in Paragraph 3
below.
- Notwithstanding
IHostPro's right to alter these Terms without prior notice, IHostPro may,
within its sole discretion and as a courtesy to all affected Subscribers,
make an effort to provide Subscribers with 7 days advanced notice of any
alteration of these Terms if it appears to IHostPro, in its sole
discretion, that said alteration may materially and adversely impact said
Subscriber's use of the Services.
- If
Subscriber is registering a new domain name with IHostPro, or using or
transferring a previously registered domain name in conjunction with
Subscriber's use of the Services, Subscriber hereby acknowledges and
agrees that Subscriber's use of the domain name is also subject to the
policies of the Internet Corporation for Assigned Names and Numbers
("ICANN") and the Domain Registration Agreement located at
http://api.fastdomain.co.uk/terms.html and has read the Registrant Rights
and Responsibilities located at http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm.
- TERM
- PAYMENT - RENEWAL OF ACCOUNT AND OF DOMAIN
- Term
of Service. The term of Subscriber's subscription to the
Services commences upon Subscriber's acceptance of these Terms and
terminates as set forth in Paragraphs 2.05 and 3.01.
- Payment. Subscriber
agrees to pay all applicable fees for Services in effect at the time of
sign-up registration and/or renewal, subject to these Terms. Subscriber
agrees to update and keep current all of Subscriber's billing information,
email and all other contact information. It is the Subscriber's
responsibility to verify that the information submitted is accurate to
insure proper billing and continuity of services. IHostPro may use
Merchant Updater Services to receive updated billing information from
participating providers.
- Automatic
Renewal of Hosting Account. As a courtesy and not as an
obligation (contractual or otherwise), fifteen (15) days prior to the
expiration of Subscriber's Hosting Account or Domain(s) IHostPro will
automatically renew Subscriber's Hosting Account by charging the
applicable fee for the non-promotional rate to Subscriber's current
method of payment on file. The initial term of this Agreement shall be as
set forth in the Registration Form (the "Initial Term"). The
Initial Term shall begin upon commencement of the Services to User, and
after the Initial Term, this Agreement shall continue for successive
periods (or renewal period) of equal length as the Initial Term or such
other Term and price that shall be set forth in a notice to the customer
at least 24 hours prior to the commencement of such successive period or
renewal period. In the case of insufficient funds we will attempt to
collect at a partial term quantity ( not
changing your current term) to continue service as per contract.
Additionally after the initial Term, you acknowledge, agree and authorize
us to automatically bill and/or charge on your credit card for successive
or renewal periods, unless terminated or cancelled by either party as
provided in this section. The Initial Term and all successive renewal
periods shall be referred to, collectively, as the "Term".
Subscriber acknowledges and confirms that if the Subscriber pays for a
hosting plan which qualifies for a Free Domain that the Subscriber will
be provided with a digital domain registration voucher to be used for
purchasing their Free Domain. The domain registration voucher is only
applicable as long as the Subscriber maintains a qualifying hosting plan.
- Automatic
Renewal of Domain(s). As a courtesy and not as an obligation
(contractual or otherwise), fifteen (15) days prior to the expiration of
Subscriber's domain, if registered with IHostPro (or one of its
Affiliates), or if transferred to and registered with IHostPro (or one of
its Affiliates), IHostPro will automatically renew Subscriber's domain,
by charging the applicable fee to Subscriber's current method of payment
on file. Subscriber acknowledges and confirms that the obligation to
renew his/her/its Domain(s) is solely and exclusively the responsibility
of the Subscriber, and is not the obligation (contractual or otherwise)
of IHostPro. Subscriber hereby releases IHostPro from any and all
liability for failure for any reason to renew said Account or said
Domain(s). Subscriber acknowledges that there may be many reasons why IHostPro
is unable to renew said Account or Domain, including but not limited to
inability of IHostPro, for any reason, to bill said renewal to
Subscriber's method of payment on file, to contact or otherwise get
response from Subscriber at the email address on file, or otherwise.
Subscriber acknowledges that said Hosting Account and/or Domain, if not
renewed, for whatever reason, will expire on the Account or Domain
Expiration Date, as applicable. In the event that a Domain expires, IHostPro
will hold the expired Domain for up to 30 days as a courtesy and not as
an obligation (contractual or otherwise). 30 days after expiration, the
Domain will be placed in Redemption. During the Redemption period the
Domain will be inaccessible and unable to be registered elsewhere. In
order to bring a Domain out of Redemption, Subscriber must pay a
Redemption Fee, as well as a Renewal Fee for the current year. Domain
registration vouchers cannot be applied toward the cost of Redemption. If
the Domain is not redeemed within 74 days of expiration, it will be set
to Pending Delete status by the domain registry. After the Pending Delete
status expires, the Domain will be released for registration. During the
Pending Delete period, the Domain will be inaccessible and unrecoverable.
- Cancellation
of Automatic Renewal of Account or Domain. Subscriber agrees to
notify IHostPro of Subscriber's intent to cancel automatic renewal at
least sixteen (16) business days prior to the account or domain
expiration date, by directing Automatic Account Renewal Cancellation
Notification and/or Automatic Domain Renewal Cancellation Notification to
IHostPro, as applicable, by sending same via email to billing@iHostPro.co.uk
, or online chat. This request must include verification of
ownership of the hosting account and/or domain(s), as determined by IHostPro. You also must pay a fee of £0.40 to access your files
if your account is suspended for any reason.
- Authority. In
the event Subscriber is a corporation, limited liability company,
partnership, joint venture, other business entity or group of
individuals, the person registering for or renewing IHostPro Services on
behalf of Subscriber hereby certifies that he/she has the authority to
and does hereby bind the corporation, limited liability company,
partnership, joint venture or other individuals in this manner and in
connection with Subscriber's acceptance of all other Terms set forth
herein.
- PROPRIETARY
RIGHTS
These Terms do not give Subscriber any rights in IHostPro intellectual
property or technology. IHostPro and related trademarks and logos are the
exclusive property of IHostPro. IHostPro and Subscriber agree that neither
will, directly or indirectly, reverse engineer or decompile object code or
execution code, nor otherwise seek to obtain source code or trade secrets
of the other party. Notwithstanding the foregoing, nothing herein shall
bar IHostPro from using any knowledge, information or skills that are
generally known or that can be learned or otherwise acquired in the normal
course of business.
- SECURITY
AND OWNERSHIP
- Site
Security. IHostPro uses sophisticated means of security in
connection with the Services. Notwithstanding the foregoing, it is
exclusively Subscriber's obligation to maintain and control passwords to Subscriber's
web site(s), and Subscriber exclusively is responsible for all activities
that occur in connection with Subscriber's user name, password,
registered domain name(s); as well as any and all scripts or programs
added to the account by the Subscriber or authorized users. Subscriber
agrees to immediately notify IHostPro of any unauthorized uses of the
Service or any other breaches of security. IHostPro will not be liable
for any loss or damages of any kind, under any legal theory, caused by
Subscriber's failure to comply with the foregoing security obligations or
caused by any person to whom Subscriber grants access to Subscriber's
Services. Any programs or scripts available via the cPanel
interface are solely the Subscriber's responsibility to update and
secure.
- Access
and Control Policy. When a new account or domain, as applicable,
is registered with or transferred to IHostPro or with one of its
affiliates, the process requires and results in the creation of the
following within the records of IHostPro, in association with said new
account or domain: i) Name of person
registering; ii) email address; iii) user name; iv) password; and, v)
associated payment information, such as Visa, Mastercard,
etc., Credit Card Number & name thereon, etc.
- If
a person contacts IHostPro and claims that he or she is entitled to
access to an account, website, or domain registered with IHostPro or its
affiliate but is without access (for any reason such as but not limited
to forgotten password or forgotten user name, data loss or corruption on
personal computer, improperly locked out, and so forth), IHostPro will
give access to the person who acceptably evidences he or she has
substantially all of: i) name of the person
who originally registered; ii) email address of the person who
originally registered; iii) the user name of the person who originally
registered, if possible; iv) the associated payment information of the
person who registered, such as Visa, Mastercard,
etc., Credit Card Number & name thereon, etc. (mandatory); and, v) a
photo identification evidencing she or he is the rightful possessor and
user of said credit card or payment medium (mandatory). Otherwise, IHostPro
will not give access and control to a claimant unless IHostPro is served
with a valid order of a court, agency, or appropriate Internet
controlling entity such as Internet Corporation for Assigned Names and
Numbers ("ICANN"), requiring IHostPro to give such access and
control to said claimant or unless there is submitted to IHostPro at legal@iHostPro.co.uk
a written statement duly signed by the person who originally registered
said account which statement is duly notarized, and in which said
originally registering person confirms that said claimant is entitled to
access and control of the account, together with a written notarized
statement duly signed by claimant which confirms claimant is entitled to
access and control of said account, website and/or domain and has read
and agreed to these Terms of Service. Subscriber acknowledges and accepts
that the foregoing access and control policies and procedures are the
only way that notice(s) can be given and changes can be effected
regarding said access and/or control; and, further, that any other
changes made directly by Subscriber or by others within the online
records of IHostPro or of its affiliates shall not be deemed effective
to give notice to IHostPro or its affiliates of any changes in said
access or control.
- Subscriber
acknowledges and accepts said access and control policy and procedure,
agrees not to bring any claim in the form of a lawsuit or otherwise
against IHostPro arising out of its following said policy and procedure,
agrees immediately to dismiss any claim so brought, and hereby releases IHostPro
from all liability and all claims for damages or any other liability
whatsoever that may arise out of IHostPro's following said policy and
procedure.
- License
to IHostPro. IHostPro claims no ownership interest in the
content of Subscriber's web site(s). By submitting content and data to IHostPro,
Subscriber grants to IHostPro, its successors and assigns, the worldwide,
royalty-free, and nonexclusive license under Subscriber's copyrights and
other rights, if any, in all material and content displayed in
Subscriber's web site to use, distribute, display, reproduce, and create
derivative works from such material in any and all media, in order to
maintain such content on IHostPro's servers during the term of these
Terms. Subscriber also authorizes the downloading and printing of such material,
or any portion thereof, by end-users for their personal use. This license
shall terminate upon Subscriber's cancellation of the Services as set
forth in Paragraphs 2.01 and 3.0.
- Disputing
Site or Account Ownership Disputes sometimes arise between or
among multiple persons claiming ownership of or rights in a site hosted
by IHostPro or in an associated IHostPro account. IHostPro is not
obligated to resolve any such disputes. If multiple persons are claiming
ownership of or rights in a site hosted by IHostPro or in an associated IHostPro
account, and, in IHostPro's sole judgment, there is no certainty as to
the ownership of or rights in said site or account, then IHostPro will,
to the extent of its knowledge and ability, notify said persons of the
dispute and demand that said persons promptly, conclusively, and finally
resolve the dispute in a manner which makes clear who the owner(s) and/or
interest holder(s) is/are and in a manner which relieves IHostPro of all
liability or obligations concerning the dispute. If the disputing persons
fail so to resolve the dispute within what IHostPro, in its sole
judgment, deems to be a reasonable time, then IHostPro, at its option and
without any obligation to do so, may, in accordance with and subject to
the laws of the State of Utah, file an interpleader action in a court of
competent jurisdiction within the State of Utah for the purpose of
allowing the contending persons to resolve said dispute and to reach
certainty regarding ownership of or rights in said site and/or account.
The person or persons conclusively and finally determined by the
interpleader action to be the rightful owner(s) or interest holder(s) of
said site and/or associated account shall be obligated to reimburse IHostPro
for all of its expenses relative to said interpleader action including
without limit all its court costs and reasonable attorney fees. All
amounts owed to IHostPro under this section 5.03 shall be deemed due and
payable immediately upon thirty (30) days after judgment or settlement is
reached.
- PRIVACY
POLICY
- Commitment. The
IHostPro commitment to our Subscribers' privacy is set forth in this
section. Except as required by law or as otherwise provided herein, IHostPro
will take commercially reasonable steps to ensure your right to privacy. IHostPro
is committed to developing long lasting relationships that are built on
trust and will never intentionally violate that trust.
- Encryption. When
Subscriber orders from IHostPro, Personal Data Transmissions are
encrypted. When Subscriber orders from IHostPro, all of Subscriber's
personal information is protected. IHostPro uses Secure Sockets Layer
(SSL), the industry standard, for encrypting all personal information,
including name, address and credit card numbers.
- Confidentiality. With
the exception of trusted business affiliates and/or associates who work
on behalf of or in connection with IHostPro, subject to specific
confidentiality agreements, IHostPro will not provide or sell to any
third party your personal information and will keep all Subscriber
information confidential, subject to the following:
- Upon
registration, certain Subscriber information is transferred to WHOIS
(domain registration information), to our affiliated third-party
registrar, FastDomain, to Postini
(email addresses), and to Comodo (SSL cert.
creation).
- IHostPro
will respond to subpoenas, court orders, or other legal process, and
will utilize Subscriber information as necessary to establish or
exercise IHostPro's legal rights or defend against legal claims. IHostPro
will charge the person or entity for submitting a civil subpoena for
costs associated with subpoena compliance. Payment must be made within
thirty (30) days from the date of receipt of the IHostPro invoice.
Checks should be made out to IHostPro. IHostPro's subpoena compliance
costs are as follows: Research-$150.00/hour; Federal Express-Cost as
Billed; Copies-$1.00/page; Compact Discs - $10.00/per CD.
- IHostPro
will share information to investigate, prevent, or take action regarding
illegal activities, suspected fraud, situations involving potential
threats to the physical safety of any person, violations or suspected
violations of these Terms, or as otherwise required by law.
- When
we are threatened with suit by a third party, or any other legal action
brought to our attention involving us based on the anonymity of the
domain, we may seek assurance from you the customer concerning your
promise to indemnify us and written notice that you have contacted the
plaintiff or representative for the complainant and made your contact
information available to them. Failure to provide those assurances may
be considered by us to be a breach of your Agreement and may result in
deactivation of your domain name and forfeit the right to privacy on a
domain. A pro-rated refund will be issued to the payment method on file
for the remaining unused service.
- "UNLIMITED"
USAGE POLICIES AND DEFINITIONS
- What
"Unlimited" means. IHostPro does not set an arbitrary
limit or cap on the amount of resources a single Subscriber can use. In
good faith and subject to these Terms, IHostPro makes every commercially
reasonable effort to provide its Subscribers with all the storage and
bandwidth resources needed to power their web sites successfully, as long
as the Subscriber's use of the service complies with these Terms. By not
setting limits on key resources, we are able to provide simple,
consistent pricing to our Subscribers as they grow their websites. As a
result, a typical website may experience periods of great popularity and
resulting increased storage without experiencing any associated increase
in hosting charges.
- What
"Unlimited" DOES NOT mean. IHostPro employs complex
mechanisms to protect its Subscribers and systems from abuse. IHostPro's
offering of "unlimited" services is not intended to allow the
actions of a single or few Subscribers to unfairly or adversely impact
the experience of other Subscribers.
IHostPro's service is a shared hosting service, which means that multiple
Subscriber web sites are hosted from the same server and share server
resources. IHostPro's service is designed to meet the typical needs of
small business and home business website Subscribers in the United
States. It is NOT intended to support the sustained demand of large
enterprises, internationally based businesses, or non-typical
applications better suited to a dedicated server.
IHostPro will make every commercially reasonable effort to provide additional
resources to Subscribers who are using their website(s) consistent with
these Terms, including moving Subscribers to newer and bigger shared
servers as necessary. However, in order to ensure a consistent and
quality experience for all Subscribers, IHostPro does place automated
safeguards to protect against any one site growing too quickly and
adversely impacting the system until IHostPro can evaluate said sites
resource needs.
- Unlimited
Hosting Space; excessive MySQL files. IHostPro does not set arbitrary
limits on the amount of disk space a Subscriber can use for the
Subscriber's website, nor does IHostPro charge additional fees based on
an increased amount of storage used, provided the Subscriber's use of
storage complies with these Terms. Please note, however, that the IHostPro
service is designed to host websites. IHostPro does NOT provide unlimited
space for online storage, backups, or archiving of electronic files,
documents, log files, etc., and any such prohibited use of the Services
will result in the termination of Subscriber's account, with or without
notice. IHostPro reserves the right to remove any accounts if it affects
other subscribers on the server.
- Unlimited
File Transfer. IHostPro does not set arbitrary limits on the
amount of visitor traffic a web site can receive or on the amount of
content a Subscriber can upload to his/her/its website in a given month,
nor does IHostPro charge additional fees based on increased use of
bandwidth, as long as the Subscriber's use of the Services complies with
these Terms. In most cases, a Subscriber's web site will be able to
support as much traffic as the Subscriber can legitimately acquire.
However, IHostPro reserves the right to limit processor time, bandwidth,
processes, or memory in cases where it is necessary to prevent negatively
impacting other Subscribers.
- Unlimited
Domain Hosting. IHostPro does not set arbitrary limits on the
number of domain names a Subscriber can associate with the Subscriber's Unlimited web hosting account.
- COOKIE
POLICY STATEMENT
- General
Purposes. IHostPro understands that many of its Subscribers are
concerned about "cookies", which are electronic collections of
information stored on the local computer of a person using the worldwide
web and which are used chiefly by websites to keep track of visitors and
registered users and to relate one computer transaction to a later one. IHostPro
provides this Cookie Policy Statement to let you, the
Subscriber, know how IHostPro uses this technology. IHostPro uses cookies
to help IHostPro improve its website and web hosting services, and, most
importantly, to provide IHostPro's existing Subscribers with the
opportunity for continued savings and increased convenience.
- Cookies
for Improving Our Web Site. IHostPro uses cookies to inform IHostPro
of a repeat visit. The cookie does not tell IHostPro who a visitor is,
the visitor's name, email address, or Passwords.
- Cookies
for Banner Rewards Program. To offer IHostPro Subscribers
continued savings, IHostPro uses cookies to help monitor the traffic
generated from IHostPro banners and logo buttons displayed on IHostPro
Subscribers' websites.
- Cookies
for Subscriber Account Management. For IHostPro Subscribers, IHostPro
uses cookies to store user names for added convenience to the Webmaster.
As part of our IHostPro web hosting package, IHostPro offers
password-protected, web-based management tools. By storing a Subscriber's
username in a cookie, the Webmaster will not have to fill out form fields
each time he or she manages the account. (The cookie does not store
Passwords.) IHostPro is dedicated to using the newest technologies in
order to simplify our Subscribers' experience.
- PROHIBITED
USES
- Breach
of Terms and Account Termination. The uses of IHostPro Services
set forth in this section 9 hereinbelow are
prohibited. The engaging in any prohibited use as set forth herein by
Subscriber or by any affiliate or subscriber of Subscriber ( as
determined in the sole discretion of IHostPro) constitutes a material
breach of these Terms and will subject Subscriber's account to immediate
termination without notice and without any refund.
- Spamming. Spamming,
whether or not it overloads the Services or disrupts service to IHostPro's
Subscribers, is prohibited. The term "Spamming" includes, but
is not limited to, the sending of unsolicited bulk and/or commercial
messages over the Internet, maintaining an open SMTP policy, or sending
to any mailing list that is not double opt in. IHostPro requires that all
email messages contain an automated opt out . We
do not allow purchased lists. IHostPro's Subscribers are required to
follow all rules in the Can Spam Act (http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm)
as well as our company spam rules. IHostPro reserves the right to
determine, in its sole and absolute discretion, whether e-mail recipients
were part of an opt-in email list. Irrespective of whether an email
campaign constitutes Spamming as defined herein, IHostPro allows a
MAXIMUM of 500 emails per hour to be sent from any individual hosting
account.
- Prohibited
Offerings. No Subscriber may utilize the Services to provide,
sell or offer to sell the following: controlled substances; illegal drugs
and drug contraband; weapons; pirated materials; instructions on making,
assembling or obtaining illegal goods or weapons to attack others;
information used to violate the copyright(s) of, violate the trademark(s)
of or to destroy others' intellectual property or information;
information used to illegally harm any people or animals; pornography,
nudity, sexual products, programs or services; escort services or other
content deemed adult related.
- Profanity. Profanity
or profane subject matter in the site content and in the domain name are prohibited.
- Private
Information and Images. Subscribers may not post or disclose any
personal or private information about or images of children or any third
party without the consent of said party (or a parent's consent in the
case of a minor).
- Violations
of Intellectual Property Rights. Any violation of any person's
or entity's intellectual property rights, rights of privacy, rights of
publicity or other personal rights is prohibited. IHostPro is required by
law to remove or block access to content appearing on or through the
Services upon receipt of proper notice of copyright infringement (see
"Copyright Infringement Notice Information" below).
- Misrepresentation
of Transmission Information. Forging, misrepresenting, omitting,
or deleting message headers, return mailing information and/or Internet
protocol addresses to conceal or misidentify the origin of a message is
prohibited.
- Viruses
and Other Destructive Activities. Use of the Services for
creating or sending Internet viruses, worms or Trojan horses, or for
pinging, flooding or mail bombing, or engaging in denial of service
attacks is prohibited. It is also prohibited for any Subscriber to engage
in other activity that is intended to disrupt or interfere with, or that
results in the disruption of or interference with, the ability of others
to effectively use the Services (or any connected network, system,
service or equipment) or conduct their business over the Internet.
- Hacking. "Hacking"
and related activities are prohibited. "Hacking" includes, but
is not limited to, the following activities: illegally or without
authorization, accessing computers, accounts or networks, penetrating or
attempting to penetrate security measures, port scans, stealth scans, and
other activities designed to assist in hacking.
- Anonymous
Proxies. IHostPro does not allow the use of anonymous proxy
scripts on its servers. They can be very abusive to the server resources,
affecting all users on that server.
- Export
Control Violations. The exportation of encryption software
outside of the United States and/or violations of United States law
relating to the exportation of software is
prohibited. Subscriber may not export or transfer, directly or
indirectly, any regulated product or information to anyone outside the
United States without complying with all applicable statues, codes,
ordnances, regulations, and rules imposed by U.S. federal, state or local
law, or by any other applicable law.
- Child
Pornography. The use of the Services to store, post, display,
transmit, advertise or otherwise make available child pornography is
prohibited. IHostPro is required by law to, and will, notify law
enforcement agencies when it becomes aware of the presence of child
pornography on, or being transmitted through, the Services.
- Other
Illegal Activities. The use of the Services to engage in any
activity that is determined by IHostPro, in its sole and absolute
discretion, to be illegal is prohibited. Such illegal activities include,
but are not limited to, storing, posting, displaying, transmitting or
otherwise making available ponzi or pyramid
schemes, fraudulently charging credit cards or displaying credit card
information of third parties without their consent, and failure to comply
with applicable on-line privacy laws. IHostPro will cooperate fully with
appropriate law enforcement agencies in connection with any and all
illegal activities occurring on or through the Services.
- Obscene,
Defamatory, Abusive or Threatening Language. Use of the Services
to store, post, transmit, display or otherwise make available obscene,
defamatory, harassing, abusive or threatening language is prohibited.
- BACKUP
STORAGE. IHOSTPRO OFFERS ITS SERVICES
TO HOST WEB SITES, NOT TO STORE DATA. USING AN ACCOUNT AS AN ONLINE
STORAGE SPACE FOR ARCHIVING ELECTRONIC FILES IS PROHIBITED AND WILL
RESULT IN TERMINATION OF HOSTING SERVICES WITHOUT PRIOR NOTICE.
- Other
Activities. Engaging in any activity that, in IHostPro's sole
and absolute discretion, disrupts, interferes with or is harmful to (or
threatens to disrupt, interfere with, or be harmful to) the Services, IHostPro's
business, operations, reputation, goodwill, Subscribers and/or Subscriber
relations, or the ability of IHostPro's Subscribers to effectively use
the Services is prohibited. Such prohibited activities include making
available any program, product or service that is designed to or could be
used to violate these Terms. In addition, the failure of Subscriber to
cooperate with IHostPro in correcting or preventing violations of these
Terms by, or that result from the activity of, a subscriber, patron,
customer, invitee, visitor, or guest of the Subscriber constitutes a
violation of these Terms by Subscriber.
- COPYRIGHT,
TRADEMARK, AND "IP RIGHTS HOLDER" NOTICE OF INFRINGEMENT
INFORMATION
In accordance with the Digital Millennium Copyright Act, IHostPro has
adopted a policy that provides for termination of websites hosted by IHostPro
that are found to infringe on copyrights, trademarks or other intellectual
property rights of third parties (each an “IP Rights Holder”) If a IP
Rights Holder believes that there has been a violation of his or her
copyright on a website that is hosted by iHostPro or an iHostPro
subsidiary, and the IP Rights Holder wants IHostPro to remove the website
or disable the material in question, IHostPro will remove the website or
disable the material if the IP Rights Holder provides us with all of the
following information.
- A
signature of a person authorized to act on behalf of the owner of the
exclusive right that is allegedly infringed. Identification of the copyrighted
work that is claimed is being infringed, or, in the case of claimed
infringement of multiple copyrighted works, a representative list of such
works.
- Identification
of the material that is claimed to be infringing or is the subject of
infringing activity and that should be removed or access to which should
be disabled, with information reasonably sufficient to permit us to
locate the material.
- Information
reasonably sufficient to permit us to contact the person giving the
notification, such as an address and telephone, and, if available, an
electronic mail address at which such person may be contacted.
- A
statement that the person giving the notification 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.
- A
statement that the information in the notification is accurate, and under
penalty of perjury, that the person giving the notification is authorized
to act on behalf of the owner of the exclusive right that is allegedly
infringed. Email DMCA reports to legal@iHostPro.co.uk.