ibiscode - Web Hosting Terms

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IBISCODE
IBISCODE.COM

45 Breakfast Creek Rd
Rylstone NSW 2849
Australia

Acceptable Use Policies & Agreement

The following words used in context of this agreement are defined as follows:
"Provider": Ibiscode.
"Client": The person or entity who is applying for Virtual Hosting services

The Provider agrees to provide, and Client agrees to receive, access to the Virtual Hosting services according to the following terms and conditions:

Client will use the Virtual Host services in a manner consistent with any and all applicable laws.
Provider reserves the right, in its sole discretion, to deactivate the Client's Hosting account(s) upon an indication of credit problems including delinquent payments. Payment is due upon receipt of services.
The Provider Service is provided on an "As Is" basis. The provider gives no warranty, expressed or implied for the Virtual Host Services provided, including, without limitation, warranty of merchantability and warranty of fitness for a particular purpose. This no warranty expressly includes any reimbursement for losses of income due to disruption of service by provider or its providers.
Provider is not responsible for any damages arising from Client's use of Provider or by Client's inability to use the Virtual Host services for any reason.
While Provider shall make every reasonable effort to protect data for Client, Provider is not responsible for Client's files residing on Provider. Client is solely responsible for independent backup of data stored on Provider.
Client hereby agrees that any material submitted for publication on provider through client's account(s) will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libelous or harmful. Any potentially illegal activity may be deactivated without warning by the provider. Client hereby agrees to indemnify and hold harmless the provider for any claim resulting form the submission of illegal materials. No refunds will be given for accounts terminated for these reasons.
Client hereby agrees that any material submitted for publication on provider through client or client's account(s) will not contain anything leading to an abusive or unethical use of the product(s) or the host server(s). Abusive and unethical materials and uses include, but are not limited to pornography, obscenity, nudity, violations of privacy, hate related material, computer viruses and any harassing and harmful materials or uses and heavy commercial audio/video streaming or heavy downloads of software or compressed files. Client hereby agrees to idemnify and hold harmless the provider from any claim resulting from your publication of materials or your use of those materials. Provider may or may not give notice before deactivating the use of an account(s) which the provider decides is an abusive or unethical use of the virtual hosting account(s)or host server(s). No refunds will be given for accounts terminated for these reasons.
Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize.
Use of distribution lists via unsolicited electronic mail or other mass electronic mailings is strictly prohibited. The Provider reserves the right to deactivate the Client's Host account(s) upon an indication of such activity. Client hereby agrees to indemnify and hold harmless the provider fro m any claim resulting from the Client's or another party's use of electronic mail service(s) on the Client's Host server account(s). No refunds will be given for accounts terminated for this reason.
In the event it is necessary to refer any dispute to an attorney or resolve it in a court of law, the prevailing party will be entitled to an award of reasonable attorney's fees and all costs associated with any legal action, whether or not a suit shall actually be filed.
Provider maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
Cancellation: This agreement can be cancelled at anytime by either party, with or without cause with 30 days notice. There are no refunds but pro-rated credit is provided. Changing domain name registration or the dns settings in your domain name registration to another provider or cancellation of a domain name registration is not notice of cancellation. Notice must be sent to sales@ibiscode.com or support@ibiscode.com with the login and password associated with the account.
There is a $50.00 service charge in the event of a chargeback and a $25.00 service charge for returned checks. A chargeback is defined as contacting your credit card company and denying that charges were authorized when they were in fact authorized. Documentation on any charge will gladly be provided to the cardholder upon request. If you did not authorize a charge that appears on your credit card statement please contact sales@ibiscode.com for immediate attention and resolution.
There is a $50.00 service charge for accounts to be re-instated if the account was disabled due to non-payment, late-payment or for other reasons such as objectionable material or abuse.
Virtual Host clients are able to install third party software solutions on all accounts. Provider does not warrant that any third party software will work unless that software is provided by Provider. Client is responsible for insuring that any third party software installed does not adversely effect the performance of the product as this is a shared environment. Provider may or may not give notice before deactivating the use of an account(s) which the provider decides is an abusive or unethical use of the virtual hosting account(s) or host server(s). No refunds will be given for accounts terminated for these reasons.
Clients with any of our products also receive email accounts at no additional charge. Ibiscode.com may block the receipt of email from confirmed spammers on the Internet to any/all of our Virtual Host clients and may automatically delete email that contains certain viruses before they can be downloaded to your computers. In the process of blocking the spam there is always a risk that legitimate email will not get through to the intended party. We can add E-mail addresses to an approved list of senders to insure your email from that address is not filtered or we can provide you with an account that does not filter the spam. If you would like to take advantage of these options please send your request to support@ibiscode.com and your request will be honored at no charge to you. Our database of spammers in not for public distribution. By using our services you hold us harmless for any losses or issues that result from such filtering.
Invoices on all subscriptions are due and payable 14 days after setup of your account with us.
Ibiscode.com reserves the right to change this agreement at any time with or without notice. A current copy of the agreement will always be available at http://www.ibiscode.com/hosting_terms.html or it can be obtained by sending an E-Mail to sales@ibiscode.com and requesting a copy.
Your completion of our order form constitutes your agreement with these terms and this agreement.