By using our services, you are agreeing to this terms of service
on this document entirely. IwisHost reserves the right to
modify terms of service or the prices of its services at any
time, effective immediately upon posting of the modification
to this URL: http://iwishost.com/terms.htm You will be bound
by the modified Agreement, Prices and Policies if you continue
to use the services. Payments must be submitted in advance
of receiving the Services.
It’s
our desire to provide quality service at least price.
TERMS
OF SERVICE:
We reserves the right to discontinue/suspend or cancel
services if any one (shared/reseller/vps customers) tries
to miss-utilize our services, immediately we will take action
to anyone who violates our Terms and Conditions shown below
and your payment will not be refundable if your account termination
is due to violation of any of terms and conditions outlined
below:
New Domain Accounts:
All new webhosting accounts involving new domains will be
set up and entered into our DNS servers within 24 hours. Due
to unforeseen complications, however, this process may sometimes
require up to 7 business days.
Setup of accounts:
We endeavours to setup all VPS/Shared/Reseller hosting accounts
within 24 hours, however, we reserve the right to delay setup
of an account for fraud checks. Dedicated Server are setup within
48-72 hours of the order being received.
Resources Usage: (Webspace/E-mail space/CPU/Memory/Mysql Usage)
will not tolerate
If anyone of our clients miss-utilizes the allotted
Server space/E-mail space/CPU/Memory/Mysql.
Webspace/E-mail Space usage limitations:: At least 90% of your
web pages (html) must be “Linked” with files (.GIF, .JPEG,Bmp,
.zip, .rar Pdf, or any other extensions.) stored in our server. Web sites those are found containing
no html documents or a large number of unlinked files are
subjected to deletion of files or account termination without prior notice.
Memory and CPU usage limitations: We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 8% of the server resources and/or 8% of the server's CPU. All accounts are only allowed to use a maximum 8% of server resources. Accounts that use above this amount or cause the web server to slow down for any reason then we reserves the right to suspend or terminate an account without prior notice and payments to IwisHost
will be non-refundable
We Do Not Allow:
RapidLeech, Torrent, Linking/Host Virus/Trojan, Files Hosting,
Free Images Hosting Site, Child Porn, Proxy,Nulled or Warez Script are not allowed.
If we found anyone of above your account will be terminated
without notice.
Adult
Sites/Unacceptable Content:
Pornography and pornographic related merchandising are prohibited.
This includes sites that include links to pornographic content
elsewhere. Further examples of unacceptable content or links
include pirated software, “hacker” programs, archives of “Warez
Sites”, game rooms or MUDs, IRC Bots, Egg Drop programs, any
kind of illegal software or shareware. In addition sites offering
online gambling, casino functionality, sports book betting
(including offshore), and Internet lotteries are prohibited.
Copyright Violation:
Engaging in activity that infringes or misappropriates the
Intellectual Property rights of third parties, including copyrights,
trademarks, service marks, trade secrets, software piracy
and patents and other similar rights held by third parties
shall result in termination.
Customer Support:
IwisHost promotes a mutually professional relationship with
its customers. Obscene, abusive, threatening or otherwise
harassing communications with agents of the Company, via telephone,
email, online chat or other means will result in immediate
account termination not withstanding any other terms of this
agreement. Violation of this will result in refund ineligibility.
Unauthorized Access:
The illegal or unauthorized accessing (often known as "hacking")
of computers or networks carries potential civil and criminal
penalties under both federal laws and the laws of most states/countries.
Image Repository:
Our hosting services are not to be used as a software/image
repository. This means you cannot use your account to store
images that are pulled from another website.
Script
Support:
Customer acknowledges that IwisHost cannot provide technical
support for any software or script that the Customer installs,
other than variable name changes. IwisHost supplies technical
support for web hosting issues only.
Responsibility for DATA:
We strongly encourage all of our Shaerd/Resellers/VPS/Dedicated Server Customers
to do their own backups on their home computers or CD to ensure
you have ready access to your data in the event, we should
have a hardware failure. Though we do not expect anything
like this to occur, we want you to be prepared in the event
that it does.
It is the customer's responsibility to do all back ups of
their site. If, in the unfortunate event, something happens
to your Files or Database, it is your responsibility to have
a local copy of your Files, Database and Mails. Please maintain
the back up of your all important mail by forwarding to other
domain email id or by outlook.IwisHost is NOT held liable
in any way for any Data, money, time, effort, etc... lost
due to this unfortunate event. Furthermore, if your Data are
lost, we will attempt to restore them as a gesture of good
faith, but make no promises what so ever about whether the
files will be brought back successfully or not. Backup/Restore
is not an available option with this hosting package
We are NOT responsible for any Data loss / modifications in
your account due to hacking / illegal activity problems.
File Storage:
For the maximum performance and for getting sufficient storage
space for all the users, a user may not store the backup of
their site in this server. Users can generate backup and download
it to their pc within 24 hrs
Downloads:
In order to maximize uptime on our servers, media, backups,
warez, are forbidden on the server. Video/Game/Music targeted
sites are not allowed..
Free
Hosting: You are not allowed to give away hosting
in exchange for advertising or just to be friendly. This includes
post to host!! If you want to give an account to a neighbor,
family member or friend, that is fine..... we are talking
about advertising to the public and offering a free hosting
account to anyone that signs up.This is an invitation for
people that will abuse the system resources. If we found you
are offering services will result in the immediate termination!
If you need to give away free hosting, you will need a dedicated
server!
E-mail /Spamming :
Malicious intent to impede another person's use of
electronic mail services or news will result in the immediate
termination of the offending IwisHost Hosting account.
Our
servers may not be the source, intermediary, or destination
address involved in the transmission of spam, flames, or mail
bombs. Your domain may not be referenced as originator, intermediary,
or reply-to address in any of the above. SPAM /illegal content
advertising sites on other servers which in turn contain links
to a domain on our servers is prohibited. We consider spam
any mass unsolicited message in the mediums of Newsgroups
and Email. If you are found to have spammed, then we will
immediately, without warning, disable your domain. In addition,
we will impose a $50 penalty for each spam policy violation.
Penalty for subsequent violations will be higher. We reserve
the right to refuse or cancel service to known spammers. Lastly,
we reserve the right to determine what violates this policy.
As such, any violation will result in immediate deactivation
of services without refund. Server Abuse: Any attempts to
undermine or cause harm to a server is strictly prohibited.
Customers are NOT allowed to send more than 100 e-mails per hour and/or 500 e-mails per day per hosting account.
CGI
Scripts:
Each 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 server
operation or service to other IwisHost customers. No chat
room or similar scripts allowed. Due to continued spamming
of Matts formmail script, this script is banned from all IwisHost
servers.
Zero
Tolerance Spam Policy
We take a zero tolerance stance against sending of
unsolicited e-mail, bulk emailing, and spam. "Safe lists"
and "double opt-in" will be treated as spam. Any
user who sends out spam will have their account terminated
with or without notice.
Security:
You are responsible for any misuse of your account, even if
the inappropriate activity was committed by a client, friend,
family member, guest or employee. Therefore, you must take
steps to ensure that others do not gain unauthorized access
to your account. In addition, you may not use your account
to breach security of another account or attempt to gain unauthorized
access to another network or server. Your
password provides access to your account. It is your responsibility
to keep your password secure.
Shared
Accounts (non-reseller accounts)
Shared accounts may not resell web hosting to other
people, if you wish to resell hosting you must use a reseller
account.
Resellers Responsibility
Resellers are responsible for supporting their clients.
We 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'. we will hold any reseller responsible for
any of their clients actions that violate the law or the terms
of service.Your
customers have to abide by the same terms and conditions as
you do, or we have the right to cancel any of your reseller
accounts. If you abuse our services, we reserve the right
to cancel your account, which will also cancel your customers
account. We reserve the right to remove reseller's/cusomers
accont if we found it has violated our Acceptable Use Policy
and Terms..
Dedicated Servers /VPS
We 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. Dedicated Servers /VPS 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 sales@iwishost.com
if you wish to obtain a secondary hard drive.
Windows/Linux VPS Customer Responsibility:
You must follow our steps to becoming a /VPS
Customer. You will provide billing to your customers. We do
not bill your customers. We bill you for the domain name or
hosting space, You agree that neither you nor your customers
can hold us responsible for services that you offer. Your
customers have to abide by the same terms and conditions as
you do, or we have the right to cancel any of your reseller
accounts. If you abuse our services, we reserve the right
to cancel your account, which will also cancel your customers
account. We reserve the right to remove VPS/reseller's/cusomers
accont if we found it has violated our Acceptable Use Policy
and Terms..
Forex (Currency Trading) VPS Customer Responsibility:
There are risks associated with utilizing an Forex VPS for trading system including, but not limited to, hardware malfunction, software failure, and Internet connection problems. While the IwisHost will strive to maintain a consistent connection and uptime, the Customer agrees to hold harmless the IwisHost, it's employees, agents, resellers and providers for any disruptions or subsequent losses resulting therefrom.
Customer agrees that IwisHost will not be liable for any loss of funds, interruption of business or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if IwisHost has been advised of the possibility of such damages.
Risk Disclosure: Trading foreign exchange carries a high level of risk, and may not be suitable for all investors. The high degree of leverage can work against you as well as for you. Before deciding to invest in foreign exchange you should carefully consider your investment objectives, level of experience, and risk appetite. The possibility exists that you could sustain a loss of some or all of your initial investment and therefore you should not invest money that you cannot afford to lose. You should be aware of all the risks associated with foreign exchange trading, and seek advice from an independent financial advisor if you have any doubts.
Limitation of Liability
Customer expressly understands that in no event shall IwisHost, its affiliates, subsidiaries or officers be held responsible for any and all claimed damages, unauthorized access to, alterations, including incidental and consequential damages, which may arise from the IwisHost's servers going off-line or being unavailable for any reason whatsoever. Furthermore, the we shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of theIwisHost's servers. All damages shall be limited to the immediate termination of service. The Customer hereby acknowledges and agrees that, in any and all events, the maximum aggregate monetary liability of the IwisHost, and any of its agents, suppliers, employees, or affiliates in connection with ForexVPS Products and Services. The Customer hereby acknowledges and agrees that the IwisHost will not be held liable for any and all temporary delays, outages or interruptions of the Products and Services. Further, the IwisHost will not be held liable for any and all delays or failures to perform its obligations under this Agreement, where such delays or failures result from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure). The Customer hereby acknowledges and agrees that the IwisHost reserves the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems and network. The IwisHost will use best efforts to notify you of pending maintenance. However, at no time, is the IwisHost under any obligation to inform you of such maintenance. The Customer acknowledges and agrees that use of the IwisHost's servers Products and Services is solely at your own risk and that the IwisHost will not, at any time, be held liable for any and all files and/or data residing on your VPS Server. The Customer acknowledges and agrees to take full responsibility for any and all files and data.
Affiliate Account Terms:
- $50 minimum withdrawal limit
- 60-day commission payout delay (due to high industry fraud)
- Resale discounted products are not eligible for commission
- Domain Registration, Software & Control Panel licensing is not eligible for commission
- Self-Referrals are not eligible for commission
- New orders from existing IwisHost clients are not eligible for commission
- Existing or renewed service(s), not initially referred by affiliate, are not eligible for commission
- Cancellation of existing service(s), in order to reorder with a referral, is not permitted
- we reserves right to change terms/rates on new referrals at any time
Payment:
All accounts are set up on a prepay basis. Although IwisHost
reserves the right to change prices of accounts or services
at any time, all pricing is guaranteed for the period of prepayment.
Payment is due each year or month following the date the account
was established. Customers will automatically be charged again
at the end of their prepay period unless closure notification
has already been given. In situations where payment has not
been received we will immediately suspend the hosting account.
Price Change
We reserve the right to change prices listed on Iwishost.com,
and the right to increase the amount of resources given to
plans at any time.
Disclaimer:
IwisHost cannot be held liable for system down time, crashes or data loss and cannot be held liable for any predicated estimate of profits which the Customer would have gained if their site was functioning.
will not be responsible for any damages your business
may suffer. IwisHost makes no warranties of any kind, expressed
or implied for services we provide. IwisHost disclaims any
warranty or merchantability or fitness for a particular purpose.
The includes loss of data resulting from delays, non-deliveries,
download speeds, availability, wrong delivery, and any and
all service interruptions caused by IwisHost and its employees.
IwisHost reserves the right to revise its policies at any
time.
All disputes are Subject to Bareilly Jurisdiction Courts Only.