NO SPAM, NO PORNOGRAPHY, NO EXCEPTIONS!
ISP 4 Cheap provides Internet World Wide Web page hosting, Marketing, and
Development. ISP 4 Cheap has certain legal and ethical responsibilities
consisting with the use of its server and equipment involved in these services.
ISP 4 Cheap general policy is to act as a provider of Internet presence. ISP 4
Cheap reserves the right to suspend or cancel a customer's access to any or all
services provided by ISP 4 Cheap when we decide that the account has been
inappropriately used.
Server Abuse
Any attempt to undermine or cause harm to a server, or customer, of ISP 4 Cheap
is strictly prohibited.
Unauthorized use of other people's accounts or computers ISP 4 Cheap 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 robbery,
security hole scanning etc.
Any unauthorized use of accounts or computers by a ISP 4 Cheap customer, whether
or not the attacked account or computer belongs to ISP 4 Cheap, 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 - ISP 4 Cheap 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 of fees paid will be made if
account termination is due to violation of the terms outlined below.
Customers may not run IRC, bots or clients on shared servers. Unacceptable uses
also include, but are NOT limited to: Bulk emailing, unsolicited emailing,
newsgroup spamming, pornographic content, illegal content, copyright
infringement, trademark infringement, warez, cracks, software serial numbers,
and/or anything else determined by ISP 4 Cheap to be unacceptable use of ISP 4
Cheap's services including abuse of server resources.
Shared hosting accounts may be terminated that include the following content or
which have links to the following content: Providing material that is grossly
offensive to the Web community including blatant expressions of bigotry, racism,
hatred, or profanity Promoting or providing instructional information about
illegal activities, or promoting physical harm or injury against any group or
individual Displaying material containing obscene nudity or pornographic
material (not applicable to managed dedicated servers) Displaying material that
exploits children under 18 years of age 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
Abuse of Unlimited Traffic
ISP 4 Cheap's customers are privileged to be offered unlimited traffic for their
web sites. The intention of ISP 4 Cheap 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 ISP 4
Cheap's server. 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 ISP 4 Cheap management. Any customer who
violates ISP 4 Cheap's Policies in abusing either space/site transfer will be
notified and given 2 days to remedy the problem. If the problem is not resolved
within the allotted period, the client will be billed for the overages.
For those that do not qualify for the unlimited service, traffic will go
unmonitored until you reach the amount of quote allocated to your specific web
hosting plan. Thereafter, normal data transfer cost of $10.00/1GB/month will be
billed to your account. If you want to pre-pay for bandwidth overages, you will
be billed $5.00/1GB/month.
You will have 3 days to pay for your overages. If you do not pay for your
overages your site will be disabled within 3 days of your first notice. This
does not apply to co-location clients. Co-location clients will be billed for
the overages based on switch reports. Co-location clients must pay for the
overages IMMEDIATELY once billing or ISP 4 Cheap has the sole decision to
deactivate any and all servers.
ISP 4 Cheap will be the sole arbiter as to what constitutes a violation of this
provision.
Unsolicited Email (Spam)
Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will
likely result in account cancellation.
ISP 4 Cheap takes a zero-tolerance approach to spam originating from our servers
or for spam advertising of domains hosted on our servers. We will charge the
compromised account up to $25 per unsolicited email message sent.
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. 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. 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.
Note: If you use the services of another provider to promote a web site hosted
by or through ISP 4 Cheap (spamvertising), then the provisions of the above
Policy shall apply as if the spam were sent through our servers.
100% Uptime Guarantee
(1.) Coverage This 100% uptime guarantee applies to any ISP 4 Cheap client in
good financial standing with ISP 4 Cheap at the time of a service outage.
(2.) Service Level Agreement & Specifications ISP 4 Cheap endeavors to have the
content of your web site available for http access by any party in the world
100% of the time. Network downtime (unavailability) is defined as 100% packet
loss from ISP 4 Cheap to its backbone providers. Downtime is measured past 10
minutes after notification of network failure via ISP 4 Cheap's online ticketing
system. If the ticketing system itself is unreachable, the ticket must be
started by calling the ISP 4 Cheap NOC. ISP 4 Cheap's administrators will
determine the end of the downtime by a trace route to the customer's machine
from outside the ISP 4 Cheap network.
(3.) Credits a. Shared Hosting - In the event that your web site is not
available for less than 100%, ISP 4 Cheap will credit the following month's
service fee as follows. For any shared hosting client, such credit shall be
retroactive and shall be as calculated below and as measured 24 hours a day in a
calendar month, with the maximum credit not to exceed fifty (50) percent of the
monthly service charge for the affected month. Monthly Uptime Credit:
95% to 99.9% your account will be credited 10% of your monthly hosting fee
90% to 94.9% your account will be credited 20% of your monthly hosting fee
89.9% or below your account will be credited 50% of your monthly hosting fee
b. Managed Dedicated Servers - For managed dedicated server customers if the
uptime is between 98.9% and 99.9% for any particular month the credit shall be
retroactive and equivalent to the difference between the guaranteed level of
availability of the customer's services during the month and the calculated
actual level of availability of the customer's services, multiplied by the
actual charges incurred by the customer for the services during that month
period. In addition, for managed dedicated server, customers may be entitled to
additional credits as calculated below and as measured 24-hours a day in a
calendar month, with the maximum credit not to exceed twenty-five percent (25%)
of the monthly service charge for the affected month. Minutes of continuous
downtime Credit 60 10% 5+ 60 minute intervals 25%
In order for you to receive a credit on your account, you must request such
credit within seven (7) days after you experienced the down time. You must
request credit by sending an electronic mail message to refunds@isp4cheap.net.
For security, the body of this message must contain your account number, the
dates and times of the unavailability of your website, and such other customer
identification requested by ISP 4 Cheap. Credits will usually be applied within
sixty (60) days of your credit request. Credit to your account shall be your
sole and exclusive remedy in the event of an outage.
(4.) Restrictions Credits shall not be provided to you in the event that you
have any outage resulting from (1.) scheduled maintenance as posted from time to
time at ISP 4 Cheap, (2.) your behavior or the performance or failure of your
equipment, facilities or applications, or (3.) circumstances beyond ISP 4
Cheap's reasonable control, including, without limitation, acts of any
governmental body, war, insurrection, sabotage, embargo, fire, flood, 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, domain name registration / transfer,
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, or (4.) a client breaking any item in ISP 4 Cheap's "terms of
conditions and acceptable use policy" causing a machine to fail as a result.
CGI Scripts
Each shared web hosting account comes with its own cgi-bin. You are free to use
any CGI scripts you wish, however we reserve the right to disable any CGI script
that effects normal shared server operation without prior warning. (this section
does not apply to managed dedicated servers)
Chat Rooms
We do not allow clients to install their own chat rooms within a shared hosting
account, without approving it with the ISP 4 Cheap 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 Java 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. Note: Para chat chat rooms do not apply to this rule. They
are perfectly fine to install.
Abuse of SMTP Mail Server
We do not allow clients to send more than 2000 pieces of e-mail per day from a
shared hosting account. If you do send more than 2000 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 2000 per day your account will be
moved to a special server that is specifically designed to handle high volumes
of e-mail. You will be charged $100.00/month in addition to your regular hosting
charges if your account is moved to this server. Please contact
domains@isp4cheap.net 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 or IRC bots to be operated on our servers. You can
however; install IRC clients on managed dedicated servers. IRC servers are not
permitted on our network.
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. ISP 4 Cheap reserves the right to change
prices at any time, unless other terms have been agreed upon. Any account not
brought current within a week (7 days) of e-mail notice or exceeding this time
frame in any way is subject to suspension. The customer is responsible for all
money owed on the account from the time it was established to the time that the
customer notifies ISP 4 Cheap at billing@isp4cheap.net to request for
termination of services. All payment is in U.S. currency. ISP 4 Cheap will bill
each client $50 per returned check, per wire transfer received and per credit
card chargeback received. All ISP 4 Cheap 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 $50.00 fee. Please contact the billing
department at billing@isp4cheap.net should you wish to change your anniversary
billing cycle.
Cancellation
ISP 4 Cheap reserves the right to cancel service at any time. All fees paid in
advance of cancellation will be pro-rated and paid by ISP 4 Cheap if ISP 4 Cheap
institutes it's 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 ISP 4 Cheap's web hosting plans are backed by a 30 day money back
guarantee. If you are not completely satisfied with our services or support
within the first 30 days of your contract, 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. For all web hosting clients who
cancel, the full contract amount less any setup fees and overages will be
refunded if ISP 4 Cheap is notified within the first 30 days following
activation. No refund is available after the 30th day. This policy does not
apply to any additional services such as overages, referrer logs, real
audio/video, additional disk space, additional pop accounts, domain registration
fees etc. Due to security concerns, all account cancellations must be done via
our cancellation forms at billing@isp4cheap.net. Phone or email requests will
not constitute acceptance of any cancellation. Refunds will be made by company
check or issued back to your credit card within 30 days of receipt of
cancellation.
Intellectual Property Rights
Material accessible to you through ISP 4 Cheap'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 ISP 4 Cheap or its
servers 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 ISP 4 Cheap network. If you use a domain name in
connection with ISP 4 Cheap 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 ISP 4 Cheap 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. ISP 4 Cheap 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.
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 therefore.
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 ISP 4 Cheap a license to cache the entirety of your
Web Site, including content supplied by third parties, hosted by ISP 4 Cheap
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
ISP 4 Cheap shall maintain and control ownership of all IP numbers and addresses
that may be assigned to you by ISP 4 Cheap and ISP 4 Cheap 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 ISP 4 Cheap prior to the effectiveness of the desired
domain name registration, the then-current amounts set forth in the ISP 4 Cheap
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. ISP 4 Cheap 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 email from
ISP 4 Cheap to the email address indicated in Customer's registration
application. In the event of a chargeback by a credit card company (or similar
action! by another payment provider allowed by ISP 4 Cheap) 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 ISP 4 Cheap 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. ISP 4 Cheap will reinstate Customer's domain name registration
solely at ISP 4 Cheap's discretion, and subject to our receipt of the initial
registration or renewal fee and our then-current reinstatement fee.
Lawful Purpose
ISP 4 Cheap reserves the right to refuse service to anyone. Customers may only
use ISP 4 Cheap server 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 ISP 4 Cheap management. Regardless of the place of signing this
agreement, the client agrees that for purposes of venue this contract was
entered into in Wilmington, Delaware, and any dispute will be litigated or
arbitrated in Wilmington, Delaware. Defendants further waive all objections to
venue and acknowledge that venue in any such litigation will be held in Illinois
courts. IN NO EVENT SHALL ISP 4 CHEAP'S MAXIMUM LIABILITY EXCEED FIFTY
($50.00) DOLLARS.
Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD ISP 4 CHEAP
HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS,
INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST ISP 4 CHEAP, 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 ISP 4 CHEAP AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO
PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN
CONNECTION WITH ISP 4 CHEAP'S SERVER; (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
ISP 4 CHEAP'S SERVER.
Disclaimer
ISP 4 CHEAP WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER.
ISP 4 CHEAP MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES
WE PROVIDE. ISP 4 CHEAP 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
ISP 4 CHEAP AND ITS EMPLOYEES. ISP 4 CHEAP RESERVES THE RIGHT TO REVISE ITS
POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF ISP 4
CHEAP MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION
WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
Privacy Statement
ISP 4 Cheap follows the strict guidelines of our customer privacy statement.
Found at
http://www.isp4cheap.net/privacy.php Please make sure you understand this statement fully.
