The use of services from In2hosting.com
[hereafter referred to as "IN2HOSTING Inc." constitutes agreement to
these terms. You may view our
Privacy Policy here.
1.) Account
Setup / Email on file
We will setup your account after we have received payment and we and/or
our payment partner(s) have screened the order(s) in case of fraud. It is
your responsibility to provide us with an email address which is not @ the
domain(s) you are signing up under. If there is ever an abuse issue or we
need to contact you, the primary email address on file will be used for
this purpose. It is your responsibility to ensure the email address on
file is current or up to date at all times. If you have a domain name
registered with IN2HOSTING Inc., it is your responsibility to ensure that
the contact information for your domain account and your actual domain name(s) is correct and up-to-date.
IN2HOSTING Inc. is not responsible for
a lapsed registration due to outdated contact information being associated
with the domain. If you need to verify or change this information, you
should contact our sales team via email. Providing false contact
information of any kind may result in the termination of your account. In
dedicated server purchases or high risk transactions, it will be necessary
to provide government issued identification and possibly a scan of the
credit card used for the purchase. If you fail to meet these requirements,
the order may be considered fraudulent in nature and be denied.
Transfers
Our transfers team will make every effort to help you move your site to
us. However, transfers are provided as a courtesy service, and we can not
make guarantees regarding the availability, possibility, or time required
to complete an account transfer. Each hosting company is configured
differently, and some hosting platforms save data in an incompatible or
proprietary format, which may make it extremely difficult if not
impossible to migrate some or all account data. We will try our best, but
in some cases we may be unable to assist you in a transfer of data from an
old host.
The free transfer services are available
for 30 days from your sign up date. Transfers outside of the 30 day free
period will incur a charge; please contact a member of the transfers
department with specific details to receive a price quote.
2.) Content
All services provided by IN2HOSTING Inc. may only be used for lawful
purposes. The laws of the State of Texas, and the United States of America
apply.
The customer agrees to indemnify and hold harmless IN2HOSTING Inc. from
any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is
prohibited. This includes but is not limited to unauthorized copying of
music, books, photographs, or any other copyrighted work. The offer of
sale of any counterfeit merchandise of a trademark holder will result in
the immediate termination of your account. Any account found to be in
violation of another's copyright will be expeditiously removed, or access
to the material disabled. Any account found to be in repeated violation of
copyright laws will be suspended and/or terminated from our hosting. If
you believe that your copyright or trademark is being infringed upon,
please email abuse[at]in2hosting.com with the information required. A list
of required information may be found
here. If the request is of a licensing issue, we may require further
documentation.
Using a shared account as a backup/storage device is not
permitted. Keeping a backup of the same account on the server is
strictly prohibited. Please download any recent backup and remove it
immediately from the server.
Examples of unacceptable material on all
Shared and Reseller servers include:
-
Topsites
-
IRC Scripts/Bots
-
Proxy Scripts/Anonymizers
-
Pirated Software/Warez
-
Image Hosting Scripts (similar to
Photobucket or Tinypic)
-
AutoSurf/PTC/PTS/PPC sites
-
IP Scanners
-
Bruteforce Programs/Scripts/Applications
-
Mail Bombers/Spam Scripts
-
Banner-Ad services (commercial banner ad
rotation)
-
File Dump/Mirror Scripts (similar to
rapidshare)
-
Commercial Audio Streaming (more than one
or two streams)
-
Escrow/Bank Debentures
-
High-Yield Interest Programs (HYIP) or
Related Sites
-
Investment Sites (FOREX, E-Gold Exchange,
Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
-
Sale of any controlled substance without
prior proof of appropriate permit(s)
-
Prime Banks Programs
-
Lottery Sites
-
MUDs/RPGs/PBBGs
-
Hateful/Racist/Harassment oriented sites
-
Hacker focused sites/archives/programs
-
Sites promoting illegal activities
-
Forums and/or websites that distribute or
link to warez/pirated/illegal content
-
Bank Debentures/Bank Debenture Trading
Programs
-
Fraudulent Sites (Including, but not
limited to sites listed at aa419.org & escrow-fraud.com)
-
Mailer Pro
Examples of unacceptable material on all
Dedicated servers include:
-
IRCD (irc servers)
-
IRC Scripts/Bots
-
Pirated Software/Warez
-
IP Scanners
-
Bruteforce Programs/Scripts/Applications
-
Mail Bombers/spam Scripts
-
Escrow
-
High-Yield Interest Programs (HYIP) or
Related Sites
-
Investment Sites (FOREX, E-Gold Exchange,
Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
-
Sale of any controlled substance without
prior proof of appropriate permit(s)
-
Prime Banks Programs
-
Lottery Sites
-
Hateful/Racist/Harassment oriented sites
-
Hacker focused sites/archives/programs
-
Sites promoting illegal activities
-
Forums and/or websites that distribute or
link to warez/pirated/illegal content
-
Bank Debentures/Bank Debenture Trading
Programs
-
Fraudulent Sites (Including, but not
limited to sites listed at aa419.org & escrow-fraud.com)
-
Mailer Pro
IN2HOSTING Inc. services, including all
related equipment, networks and network devices are provided only for
authorized customer use. IN2HOSTING Inc. systems may be monitored for all
lawful purposes, including to ensure that use is authorized, for
management of the system, to facilitate protection against unauthorized
access, and to verify security procedures, survivability, and operational
security. During monitoring, information may be examined, recorded, copied
and used for authorized purposes. Use of IN2HOSTING Inc. system(s)
constitutes consent to monitoring for these purposes.
Any account found connecting to a third
party network or system without authorization from the third party is
subject to suspension. Access to networks or systems outside of your
direct control must be with expressed written consent from the third
party. IN2HOSTING Inc. may, at its discretion, request and require
documentation to prove access to a third party network or system is
authorized.
We reserve the right to refuse service to
anyone. Any material that, in our judgment, is obscene, threatening,
illegal, or violates our terms of service in any manner may be removed
from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse
department within 48 hours may result in the suspension or termination of
your services. All abuse issues must be dealt with via trouble ticket and
will have a response within 48 hours.
If in doubt regarding the acceptability of
your site or service, please contact us at abuse[at]in2hosting.com and we
will be happy to assist you.
Potential harm to minors is strictly
forbidden, including but not limited to child pornography or content
perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child
pornography will be suspended immediately without notice.
Resellers: we will suspend the site in question and will notify you so
you may terminate the account. We will further monitor your activity; more
than one infraction of this type may result in the immediate termination
of your account.
Direct customers: Your services
will be terminated with or without notice.
Violations will be reported to
the appropriate law enforcement agency.
It
is your responsibility to ensure that scripts/programs installed under
your account are secure and permissions of directories are set properly,
regardless of installation method. When at all possible, set permissions
on most directories to 755 or as restrictive as possible. Users are
ultimately responsible for all actions taken under their account. This
includes the compromise of credentials such as user name and password. It
is required that you use a secure password. If a weak password is used,
your account may be suspended until you agree to use a more secure
password. Audits may be done to prevent weak passwords from being used. If
an audit is performed, and your password is found to be weak, we will
notify you and allow time for you to change/update your password.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail,
bulk emailing, and spam. "Safe lists" and purchased lists will be treated
as spam. Any user who sends out spam will have their account terminated
with or without notice.
Please read
http://www.in2hosting.com/docs/mailpolicy.html
for our generalized
mail policy.
Please read
http://www.in2hosting.com/docs/dedicated-mailpolicy.html
for our
dedicated server mail policy.
Sites advertised via SPAM (Spamvertised)
may not be hosted on our servers. This provision includes, but is not
limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups.
No organization or entity listed in the
ROKSO
may be hosted on our servers. Any account which results in our IP space
being blacklisted will be immediately suspended and/or terminated.
IN2HOSTING Inc. reserves the right to
require changes or disable as necessary any web site, account, database,
or other component that does not comply with its established policies, or
to make any such modifications in an emergency at its sole discretion.
IN2HOSTING Inc. reserves the right to
charge the holder of the account used to send any unsolicited e-mail a
clean up fee or any charges incurred for blacklist removal. This cost of
the clean up fee is entirely at the discretion of IN2HOSTING Inc..
4.) Payment Information
You agree to supply appropriate payment for the services received from
IN2HOSTING Inc., in advance of the time period during which such services
are provided. You agree that until and unless you notify IN2HOSTING Inc.
of your desire to cancel any or all services received, those services will
be billed on a recurring basis. This includes when accounts are suspended.
When an account's invoices are paid outside of the 10 day grace period,
invoices will not be automatically generated. However, after the customer
notifies IN2HOSTING Inc. of his or intent to resume service, invoices will
be manually generated and payment expected for the time the account was
suspended.
Cancellations must be done via the Client
Area. Once we receive your cancellation and have confirmed all necessary
information with you via e-mail, we will inform you in writing (typically
email) that your account has been cancelled. Your cancellation
confirmation will contain a ticket/tracking number in the subject for your
reference, and for verification purposes. You should immediately receive
an automatic "Your request has been received..." email with a tracking
number. An employee will confirm your request (and process your
cancellation) shortly thereafter. If you do not hear back from us, or do
not receive the automatic confirmation email within a few minutes after
submitting your cancellation, please contact us immediately via phone. We
require that cancellations of service are done through the Client Area to
(a) confirm your identity, (b) confirm in writing you are prepared for all
files/emails to be removed, and (c) document the request. This process
reduces the likelihood of mistakes, fraudulent/malicious requests, and
ensures you are aware that the files, emails, and account may be removed
immediately after a cancellation request is processed.
As a client of IN2HOSTING Inc., it is your
responsibility to ensure that your payment information is up to date, and
that all invoices are paid on time. You agree that until and unless you
notify IN2HOSTING Inc. of your desire to cancel any or all services
received (by the proper means listed in the appropriate section of the
Terms of Service), those services will be billed on a recurring basis,
unless otherwise stated in writing by IN2HOSTING Inc.. IN2HOSTING Inc.
reserves the right to bill your credit card or billing information on file
with us (in case of any). IN2HOSTING Inc. provides a 10 day grace period
from the time the invoice is generated and when it must be paid. Any
invoice that is outstanding for 10 days and not paid will result in a $10
late fee and/or an account suspension until account balance has been paid
in full. The $10 late fee is applied in addition to whatever else is owed
to IN2HOSTING Inc. for services rendered. Access to the account will not
be restored until payment has been received.
It is the customer's responsibility to notify our sales team via the
Client Area after paying for a domain renewal and to ensure the email is
received and acted upon. Domain renewal notices and invoices are provided
as a courtesy reminder and IN2HOSTING Inc. cannot be held responsible for
failure to renew a domain or failure to notify a customer about a domain's
renewal.
Invoices that have been paid more than once with multiple Paypal
Subscriptions can only be added as credit towards the account and cannot
be refunded via Paypal. If you require assistance with this provision,
please contact our Sales Team.
IN2HOSTING Inc. reserves the
right to change the monthly payment amount and any other charges at
anytime.
5.) Backups and Data
Loss
Your use of this service is at your sole risk. Our backup service is
provided to you as a courtesy. IN2HOSTING Inc. is not responsible for
files and/or data residing on your account. You agree to take full
responsibility for files and data transferred and to maintain all
appropriate backup of files and data stored on IN2HOSTING Inc. servers.
Backups will not be provided for accounts that have been suspended or
terminated for any reason unless otherwise agreed to in writing by
IN2HOSTING Inc..
6.) Cancellations and
Refunds
IN2HOSTING Inc. reserves the right to cancel, suspend, or otherwise
restrict access to the account at any time with or without notice.
Any abuse of our staff
in any medium or format will result in the suspension or termination of
your services.
Customers may cancel at any
time via the Client Area. IN2HOSTING Inc. gives you an unconditional 30
day money back guarantee on managed shared hosting, and reseller solutions
for any customer who paid the first invoice with a credit card or with Paypal. Domain name registrations cannot be refunded.
The following methods of
payments are non-refundable, and refunds will be posted as credit to the
hosting account:
-
Bank Wire Transfers
-
Western Union Payments
-
Checks
-
Money orders
There are no refunds on dedicated servers, administrative fees, install
fees for custom software, or domain name purchases. Refund requests for
shared and reseller accounts after the initial 30 days will be refunded on
a prorated basis of any unused time.
Only first-time accounts are eligible for a refund. For example, if
you've had an account with us before, cancelled and signed up again, you
will not be eligible for a refund or if you have opened a second account
with us. Violations of the Terms of Service will waive the refund
policy.
7. Resource Usage
User may not:
a) Use 25% or more of system resources for longer then 90 seconds. There
are numerous activities that could cause such problems; these include: CGI
scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time
on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy)
on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat)
network.
e) Run any bit torrent application, tracker, or client. You may link to
legal torrents off-site, but may not host or store them on our shared
servers.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life,
battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes.
i) When using PHP include functions for including a local file, include
the local file rather than the URL. Instead of include("http://yourdomain.com/include.php")
use include("include.php")
7b.) INODES
The use of
more than 250,000 inodes on any shared account may potentially result in a
warning first, and if no action is taken future suspension. Accounts found
to be exceeding the 50,000 inode limit will automatically be removed from
our backup system to avoid over-usage. Every file (a webpage, image file,
email, etc) on your account uses up 1 inode.
Sites that
slightly exceed our inode limits are unlikely to be suspended; however,
accounts that constantly create and delete large numbers of files on a
regular basis, have hundreds of thousands of files, or cause file system
damage may be flagged for review and/or suspension. The primary cause of
excessive inodes seems to be due to users leaving their catchall address
enabled, but never checking their primary account mailbox. Over time, tens
of thousands of messages (or more) build up, eventually pushing the
account past our inode limit. To disable your default mailbox, login to
cPanel and choose "Mail", then "Default Address", "Set Default Address",
and then type in: :fail: No such user here.
7c.) Backup Limit
Any shared account using more than 20 gigs of disk space will be removed
from our off site weekly backup with the exception of Databases continuing
to be backed up. All data will continue to be mirrored to a secondary
drive which helps protect against data loss in the event of a drive
failure.
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies
depending on the hosting package you purchase. Should your account pass
the allocated amount we reserve the right to suspend the account until the
start of the next allocation, suspend the account until more bandwidth is
purchased at an additional fee, suspend the account until you upgrade to a
higher level of package, terminate the account and/or charge you an
additional fee for the overages. Unused transfer in one month cannot be
carried over to the next month.
9a.) Money back Guarantee
On dedicated servers and collocation no full refund will be honored -- the
30 day money back guarantee does not apply. We reserve the right to refund
a prorated amount or no refund at all.
Each of IN2HOSTING Inc.'s managed shared
and reseller servers carry a 30 days unconditional money back guarantee on
them. If you are not completely satisfied with our services within the
first 30 days of your service, you will be given a full refund of the
contract amount. Remember, this is only for monthly shared or reseller
packages and does not apply to dedicated servers, administrative fees,
install fees for custom software, or domain name purchases.
IN2HOSTING Inc. will not activate new
orders or activate new packages for customers who have an outstanding
balance with IN2HOSTING Inc.. For a new order to be setup or a new package
to be activated, you must have a balance of $0.00, unless otherwise stated
by IN2HOSTING Inc. in writing.
9b.) Uptime Guarantee
If your shared / reseller server has a physical downtime that is not
within the 99.9% uptime you may receive one month of credit on your
account. Approval of the credit is at the discretion of IN2HOSTING Inc.
dependant upon justification provided. Third party monitoring service
reports may not be used for justification due to a variety of factors
including the monitor's network capacity/transit availability. The uptime
of the server is defined as the reported uptime from the operating system
and the Apache Web Server which may differ from the uptime reported by
other individual services. To request a credit, please contact our Sales
Team via the Client Area with justification. All requests must be made in
writing via the Client Area. Uptime guarantees only apply to shared /
reseller solutions. Dedicated servers are covered by a network guarantee
in which the credit is prorated for the amount of time the server is down
which is not related to our uptime guarantee.
10.) Reseller: Client
Responsibility
Resellers are responsible for supporting their clients. IN2HOSTING Inc.
does not provide support to our Reseller's Clients. If a reseller's client
contacts us, we reserve the right to place the client account on hold
until the reseller can assume their responsibility for their client. All
support requests must be made by the reseller on their clients' behalf for
security purposes. Resellers are also responsible for all content stored
or transmitted under their reseller account and the actions of their
clients'. IN2HOSTING Inc. will hold any reseller responsible for any of
their clients actions that violate the law or the terms of service.
11.) Shared (non-reseller accounts)
/ Semi-dedicated Servers
Shared accounts may not resell web hosting to other people, if you wish to
resell hosting you must use a reseller account. Semi-dedicated servers are
not backed up. You must maintain your own backups.
12.) Dedicated Servers
IN2HOSTING Inc. reserves the right to reset the password on a dedicated
server if the password on file is not current so that we may do security
audits as required by our datacenter. It is the responsibility of the
client to ensure that there is a valid email address and current root
password on file for their dedicated server on file to prevent downtime
from forced password resets. IN2HOSTING Inc. reserves the right to audit
servers as needed and to perform administrative actions at the request of
our datacenter. Dedicated servers are NOT backed up by us and it is the
responsibility of the client to maintain backups or have a solution for
this. You may purchase an additional hard drive and maintain backups to it
as the most simple solution. Please contact our Sales Team via the Client
Area if you wish to obtain a secondary hard drive. It is your
responsibility to maintain backups.
13.) Price Change
The amount you pay for hosting will never increase from the date of
purchase. We reserve the right to change prices listed on In2hosting.com,
and the right to increase the amount of resources given to plans at any
time.
14.) Coupons
Discounts and coupon codes are reserved for first-time accounts *or
first-time customers* only and may not be used towards the purchase of a
domain registration unless otherwise specified. If you have signed up
using a particular domain, you may not resign up for that domain using
another coupon at a later date. Any account found in violation of these
policies will be reviewed by our sales department and the appropriate
invoices will be added to the account. Coupon abuse will not be tolerated
and may result in the suspension or termination of the account.
15a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold IN2HOSTING
Inc. harmless from any and all demands, liabilities, losses, costs and
claims, including reasonable attorney's fees asserted against IN2HOSTING
Inc., 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, its agents, employees or assigns.
Customer agrees to defend, indemnify and hold harmless IN2HOSTING Inc.
against liabilities arising out of; (1) any injury to person or property
caused by any products sold or otherwise distributed in connection with
IN2HOSTING Inc.; (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 customers
from IN2HOSTING Inc.'s server.
15b.) Arbitration By using
any IN2HOSTING Inc. services, you agree to submit to binding arbitration.
If any disputes or claims arise against IN2HOSTING Inc. or its
subsidiaries, such disputes will be handled by an arbitrator of IN2HOSTING
Inc.'s choice. Arbitrators shall be attorneys or retired judges and
shall be selected pursuant to the applicable rules. All decisions rendered
by the arbitrator will be binding and final. The arbitrator's award is
final and binding on all parties. You are also responsible for any and all
costs related to such arbitration.
16.) Disclaimer
IN2HOSTING Inc. shall not be responsible for any damages your business may
suffer. IN2HOSTING Inc. makes no warranties of any kind, expressed or
implied for services we provide. IN2HOSTING Inc. disclaims any warranty or
merchantability or fitness for a particular purpose. This includes loss of
data resulting from delays, no deliveries, wrong delivery, and any and all
service interruptions caused by IN2HOSTING Inc. and its employees.
17.) Disclosure to law enforcement
IN2HOSTING Inc. may disclose any subscriber information to law enforcement
agencies without further consent or notification to the subscriber upon
lawful request from such agencies. We will cooperate fully with law
enforcement agencies.
18.) Changes to the TOS
IN2HOSTING Inc. reserves the right to revise its policies at any time
without notice.