Web Hosting Agreement and Terms
Revision date: October 19, 2011
All services provided by Intelligent Choice of WNY, LLC ("Intelligent Choice
of WNY, LLC") may be used for lawful purposes only. Transmission, storage or
presentation of any information, data or material in violation of any United States
federal, state or city law is prohibited. This includes, but is not limited to:
copyrighted material, material we judge to be threatening or obscene, or material
protected by trade secret and other statute. The subscriber agrees to indemnify
and hold harmless Intelligent Choice of WNY, LLC from any claims resulting from
the use of service which damages the subscriber or any other party.
Prohibited are sites that promote any illegal activity or present content that may
be damaging to Intelligent Choice of WNY, LLC' servers, or any other server on the
Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
- pirated software
- hacker programs or archives
- Warez sites
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES,
PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR
ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION
FEE WILL APPLY. ADDITIONALLY, Intelligent Choice of WNY, LLC WILL NOTIFY THE PROPER
AUTHORITIES OF YOUR ACTIONS.
Traffic Usage
All account plans come with a predetermined amount of traffic allowance. At this
time we do not charge for exceeding limits and only monitor it for statistical usage.
At any time in the future we may opt to change this to metered usage.
IRC
We currently do not allow IRC or IRC bots to be operated on our servers.
Server Abuse
Any attempt to undermine or cause harm to a server or customer of Intelligent Choice
of WNY, LLC is strictly prohibited. As our customer you are responsible for all
your accounts. Should you violate the Terms of Services outlined within, your account
will be cancelled without chance of refund.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
All sub-networks, distributive hosting sites and dedicated servers of Intelligent
Choice of WNY, LLC must adhere to the above policies, with the exception of system
resources in respect to dedicated servers.
Billing
By the Account Activation Date of each month, Intelligent Choice of WNY, LLC shall
either:
(1) debit the client's credit card (when such information has been provided by the
client); or
(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable
Service Fees for services rendered for the current month. When an invoice is delivered
to the client, payment shall be remitted to Intelligent Choice of WNY, LLC by no
later than the specified payment due date. Intelligent Choice of WNY, LLC shall
be entitled to immediately terminate this agreement for client's failure to make
timely payments. You will be provided with an invoice on a monthly basis. All credit
cards are billed automatically on a monthly basis. It is the client's responsibility
to ensure that they have sufficient credit to cover this transaction. In the event
that there is insufficient credit, we will send an e-mail notification, at which
point we will need to be provided with another credit card account number within
24 hours. If we do not receive a response within 24 hours, the account, and all
accounts under that account plan, will be suspended.
Service Fees
Certain services carry a setup fee charged by Intelligent Choice of WNY, LLC to
client, which must be paid by client in order to have use of said services. If client
terminates this agreement, client shall be responsible for any and all outstanding
fees owed to Intelligent Choice of WNY, LLC and agrees to pay any and all fees incurred
by client. Because the services are provided on a monthly basis, the client will
be responsible for service fees incurred each month, regardless of when client provides
notice of termination. Thus, for example, if the client provides notice of termination
on the 15th day of a particular month, the client will be responsible for service
fees for the entire month, and such fees will not be pro-rated or refunded.
Money back guarantee & refund policy
We offer a 30 day Money back guarantee.
Refunds: If client has retained the services for one year and has pre-paid Intelligent
Choice of WNY, LLC for such services, refunds will be issued for any unused full
month of the services, upon client's request. Therefore, if client's account is
cancelled at any point during the one-year term, client will be entitled to a refund
for the months remaining, after notice given by the 25th day of the preceding month.
Account Deactivations
Any account deactivated due to non-payment will require a reactivation fee of $20.00
prior to reactivation.
Cancellation Refunds
We DO NOT refund partial monthly fees to accounts. We require 30 days notice for
a cancellation.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
Limitation of Liability
Intelligent Choice of WNY, LLC shall not be responsible for any claimed damages,
including incidental and consequential damages, which may arise from Intelligent
Choice of WNY, LLC ' servers going off-line or being unavailable for any reason
whatsoever. Furthermore, Intelligent Choice of WNY, LLC 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 Intelligent Choice of
WNY, LLC ' servers. All damages shall be limited to the immediate termination of
service.
Violations
Violations of these Acceptable Use Policies should be referred to webmaster@icofwny.com.
All complaints will be investigated promptly. Failure to follow any term or condition
will be grounds for immediate account deactivation.
Disclaimer
Intelligent Choice of WNY, LLC cannot be held liable for system down time, crashes
or data loss. We cannot be held liable for any predicated estimate of profits which
a client would have gained if their site was functioning. Certain services provided
by Intelligent Choice of WNY, LLC are resold. Thus, certain equipment, routing,
software and programming used by Intelligent Choice of WNY, LLC are not directly
owned or written by Intelligent Choice of WNY, LLC. Moreover, Intelligent Choice
of WNY, LLC holds no responsibility for the use of our clients' accounts. Failure
to comply with any terms or conditions will result in the automatic deactivation
of the account in question. We reserve the right to remove any account, without
advance notice for any reason without restitution, as Intelligent Choice of WNY,
LLC sees fit.
Account Activation
By activating your account with Intelligent Choice of WNY, LLC, you agree to the
above policies and disclaimer. Upon requesting activation of an account, you are
required to accept these policies, guidelines and disclaimer, and a copy of your
acceptance is forwarded along with your activation request to be maintained with
your account information.
NOTICE: If you sign up for an account and fail to comply with these
terms, no refunds will be given. We will, however, advise you by e-mail or phone
prior to taking any action to provide you with an opportunity to correct the problem.
Server Uptime Guarantee
Intelligent Choice of WNY, LLC guarantees 99% service (http, ftp, pop, imap, smtp)
uptime on all hosting plans. Should we fail to deliver this for any given calendar
month, your account will be refunded a pro-rated amount for the duration of excessive
downtime.
Intelligent Choice of WNY, LLC reserves the right to amend any or all of the above
policies, guidelines and disclaimer without notification. We also retain the right
to increase any pricing and make changes to our account plans without notification.