IDTG.Net Terms of Service:
Where the content states: "We" includes
IDTG.Net or any party acting on IDTG.Net's implicit
instructions. "You" includes the person purchasing the services or any
party acting on the customer's instructions. "Member" includes the
purchaser of services or any party acting on the purchaser's instructions.
"The Registrant" includes the person applying for a domain name or any
party acting on the Registrant's instructions. "The Registry" refers to
the relevant domain names Registry. "Server" means the computer server
equipment in connection with the provision of the Services. "Web Site"
means the area on the Server allocated by us to you for use by you as a
site on the Internet. "TOS" includes this agreement. In consideration of
the mutual covenants herein, the parties agree to the following, which
shall apply during the term of this agreement:
TOP1.
Domain Name Registration
1.1 We
make no representation that the domain name you wish to register is
capable of being registered by or for you or that it will be registered in
your name. You should therefore not assume registration of your requested
domain name(s) until you have been notified that it has or they have been
registered. Any action taken by you before such notification is at your
risk.
1.2
The registration and use of your domain name is
subject to the terms and conditions of use applied by the relevant naming
authority; you shall ensure that you are aware of those terms and
conditions and that you comply with them. You shall have no right to bring
any claim against us in respect of refusal to register a domain name. Any
administration charge paid by you to us shall be non-refundable
notwithstanding refusal by the naming authority to register your desired
name.
1.3
We shall have no liability in respect of the use by
you of any domain name; any dispute between you and any other person must
be resolved between the parties concerned in such dispute. If any such
dispute arises, we shall be entitled, at our discretion and without giving
any reason, to withhold, suspend or cancel the domain name. We shall also
be entitled to make representations to the relevant naming authority but
will not be obliged to take part in any such dispute.
1.4 We
shall not release any domain to another provider unless full payment for
that domain has been received by us.
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2.
Web Site Hosting And Email
2.1 We
make no representation and give no warranty as to the accuracy or quality
of information received by any person via the Server and we shall have no
liability for any loss or damage to any data stored on the Server.
2.2
You shall effect and maintain adequate insurance
coverage in respect of any loss or damage to data stored on the Server.
2.3 You are
responsible for your own backups. Backup service is available under
you web based administration.
2.3
You represent, undertake and warrant to us that you
will use the Web Site allocated to you only for lawful purposes. In
particular, you represent, warrant and undertake to us that:
2.3.1
you will not use the Server in any manner which
infringes any law or regulation or which infringes the rights of any third
part; nor will you authorize or permit any other person to do so.
2.3.2
you will not post, link to or transmit:
(a) any
material which is unlawful, threatening, abusive, malicious, defamatory,
obscene, pornographic, blasphemous, profane or otherwise objectionable as
determined by IDTG.Net in any way.
(b) any
material containing a virus or other hostile computer program.
(c) any
material which constitutes, or encourages the commission of a criminal
offence, or which infringes any patent, trade mark, design right,
copyright or any other intellectual property right or similar rights of
any person which may subsist under the laws of any jurisdiction.
2.3.3
you will not send bulk email, whether opt-in or
otherwise, from our network. Nor will you promote a site hosted on our
network using bulk email.
2.3.4
you will not employ programs which consume excessive
system resources including, but not limited to, processor cycles and
memory. We do not host IRC, IRC bots, or other server resource intensive
programs.
2.3.5
If you surpass your allotted disk/bandwidth usage as
set forth in your purchased plan, you agree to purchase the excess in
blocks. Such payment to be immediate
and non-disputable.
2.4
We reserve the right to remove any material which we
deem inappropriate from your web site without notice. We do not host Warez,
Underage Adult, Pornographic, or Copyrighted MP3 content.
2.5
You shall keep secure any identification, password
and other confidential information relating to your account and shall
notify us immediately of any known or suspected unauthorized use of your
account or breach of security, including loss, theft, or unauthorized
disclosure of your password or other security information.
2.6
You shall observe the procedures which we may from time to time prescribe
and shall make no use of the Server which is detrimental to our other
customers.
2.7
You shall procure that all mail is sent in accordance with applicable
legislation (including data protection legislation) and in a secure
manner.
2.7.1
Sending unsolicited mail messages, including, without limitation,
commercial advertising and informational announcements, is expressly
prohibited. A Member shall not use another site's mail server to relay
mail without the express permission of the site.
2.7.2
It is contrary to IDTG.Net policy for Members to use our servers to
effect or participate in any of the following activities:
To post to any Usenet or other newsgroup, forum, e-mail mailing list or
other similar group or list articles which are off-topic according to the
charter or other owner-published FAQ or description of the group or list.
To send mass e-mailings; whether unsolicited, opt-in, or otherwise.
To engage in any of the foregoing activities using the service of another
provider, but channeling such activities through a IDTG.Net
provided server, or using a IDTG.Net provided server as a mail drop
for responses.
To falsify user information provided to IDTG.Net or to other users
of the service in connection with use of a IDTG.Net service.
2.7.2(a)
Consequences of Violation:
When IDTG.Net becomes aware of an alleged violation of its
Acceptable Use Policy, IDTG.Net will initiate an investigation.
During the investigation IDTG.Net may restrict Member's access in
order to prevent further possible unauthorized activity. Depending on the
severity of the violation, IDTG.Net may, at its sole discretion,
restrict, suspend, or terminate Member's account and/or pursue other civil
remedies. If such violation is a criminal offense, IDTG.Net
will notify the appropriate law enforcement department of such violation.
2.7.2(b) You shall be held
liable for any and all costs incurred by IDTG.Net as a result of
your violation of these terms and conditions. This is including, but is
not limited to, attorney fees and costs resulting from Postmaster
responses to complaints from and the cleanup of unsolicited commercial
mailings and/or unauthorized bulk mailings and/or news server violations.
IDTG.Net’s current hourly rate for Postmaster responses to
complaints and cleanup of unsolicited commercial mailings and/or
unauthorized bulk mailings and/or news server violations is US $100 per
hour, with a minimum one (1) hour charge, plus US $1 for each bulk-email
or Usenet message sent, plus US $1 per complaint received. Server
maintenance fees of $85 per hour.
2.7.3 IDTG.Net does not issue service
credits for any outages incurred through service disablement resulting
from Policy violations.
2.8
Any access to other networks connected to
IDTG.Net must comply with the rules appropriate for those other
networks
2.9
While we will use every reasonable endeavor to
ensure the integrity and security of the Server, we do not guarantee that
the Server will be free from unauthorized users or hackers and we shall be
under no liability for non-receipt or misrouting of email or for any other
failure of email.
2.10
You may cancel the Services at any time.
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3. Service Availability
3.1 We
shall use our reasonable endeavors to make available to you at all times
the Server and the Services but we shall not, in any event, be liable for
interruptions of Service or down-time of the Server.
3.2
We shall have the right to suspend the Services at
any time and for any reason, generally without notice, but if such
suspension lasts or is to last for more than 7 days you will be notified
of the reason.
3.3
The Services provided to you hereunder and your
account with us cannot be transferred or used by anyone other than you. No
more than one log-in session under any one account may be used at any time
by you. If you have multiple accounts, you are limited to one login
session per system account at any time; user programs may be run only
during log-in sessions. If your account is found to have been transferred
to another party, or shows other activity in breach of this sub clause, we
shall have the right to cancel the account and terminate the Services
and/or this Agreement immediately.
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4. Payment
4.1 All
charges payable by you for the Services shall be in accordance with the
scale of charges and rates published from time to time by us on our web
site and shall be due and payable in advance of our service provision. We
reserve the right to change pricing at any time although all pricing is
guaranteed for the period of pre payment.
4.2
Payment is due each anniversary month, quarter or
year following the date the Services were established until closure notice
is given. If you choose to pay by credit or debit card you authorize
IDTG.Net to debit your account renewal fees from your card.
4.3
All payments must be in US Dollars.
4.4
If your check is returned by the bank as
unpaid for any reason, you will be liable for a "returned check" charge of
$45.
4.5
Without prejudice to our other rights and remedies
under this Agreement, if any sum payable is not paid on or before the due
date, we shall be entitled forthwith to suspend the provision of Services
to you.
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5. Termination
5.1 If you fail to pay any sums due to
us as they fall due, we may suspend the Services and/or terminate this
Agreement forthwith without notice to you.
5.2 If you break any of these
terms and conditions we may suspend the Services and/or terminate this
Agreement forthwith without notice to you.
5.3
If you are a company and you go into insolvent
liquidation or suffer the appointment of an administrator or
administrative receiver or enter into a voluntary arrangement with your
creditors, we shall be entitled to suspend the Services and/or terminate
this Agreement forthwith without notice to you.
5.4
No refunds will be made for Services suspended in
accordance with 5.1, 5.2 and 5.3.
5.5
We reserve the right to suspend the Services and/or
terminate this Agreement at any time. In the event of this You will a be
entitled pro rata refund based upon the remaining period of membership.
5.6
You may cancel the Services at any time.
5.7
During the first 30 days of Services, You are
entitled to a refund of fees paid with the exclusion of domain name
registration, dedicated server, data transfer fees, and excessive support
requests should you decide to cancel the Services for just cause.
IDTG.Net shall be the sole arbitrator as to the validity of your
claim of just cause. And will subtract the aforementioned fees from any
monies due you.
5.7.1
During the first fourteen days of service you are
entitled to a full, no questions asked refund excluding as set forth in
sections 5.7, 5.7.2, 5.7.3, and 12.5; as well as exclusions listed in
section 2 above. For the remaining time your refund will be prorated and
factored at the full discretion of IDTG.Net.
5.7.2
You will not be entitled to a refund on these basis
if you have previously had an account with IDTG.Net under any plan
or service.
5.7.3
Allow 30 (thirty) days for refund payments to
process. If you have not received refund within this time allotment;
please contact us.
5.8
Where payment has been made by credit or debit card,
any refund will only be issued to the same credit or debit card.
5.9
On termination of this Agreement or suspension of
the Services we shall be entitled immediately to block your Web Site and
to remove all data located on it.
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6. Indemnity
6.1 You
shall indemnify us and keep us indemnified and hold us harmless from and
against any breach by you of these terms of business and any claim brought
against us by a third party resulting from the provision of Services by us
to you and your use of the Services and the Server including, without
limitation, all claims, actions, proceedings, losses, liabilities,
damages, costs, expenses (including reasonable legal costs and expenses),
howsoever suffered or incurred by us in consequences of your breach or
non-observance of this Agreement.
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7. Limitation Of Liability
7.1 All
conditions, terms, representations and warranties relating to the Services
supplied under this Agreement, whether imposed by statute or operation of
law or otherwise, that are not expressly stated in these terms and
conditions including, without limitation, the implied warranty of
satisfactory quality and fitness for a particular purpose are hereby
excluded, subject always to sub clause.
7.2
Nothing in these terms and conditions shall exclude our liability for
death or personal injury resulting from our negligence.
7.3
Our total aggregate liability to you for any claim
in contract, tort, negligence or otherwise arising out of or in connection
with the provision of the Services shall be limited to the charges paid by
you in respect of the Services which are the subject of any such claim.
7.4
In any event no claim shall be brought unless you
have notified us of the claim within one year of it arising.
7.5 In no event shall we be
liable to you for any loss of business, contracts, profits or anticipated
savings or for any other indirect or consequential or economic loss
whatsoever.
7.6
You are responsible for monitoring Bandwidth and
Disk space usage of your site. This is easily done from your Control
Panel. If you go over the amount indicated in your current plan; you will
assessed a surcharge as set forth in our pricing structure.
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8. Notices
8.1 Any
notice to be given by either party to the other may be sent by either
email, fax or recorded delivery to the address of the other party as
appearing in this Agreement or ancillary application forms or such other
address as such party may from time to time have communicated to the other
in writing, and if sent by email shall unless the contrary is proved be
deemed to be received on the day it was sent or if sent by fax shall be
deemed to be served on receipt of an error free transmission report, or if
sent by recorded delivery shall be deemed to be served two days following
the date of posting.
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9. Support
9.1
On our site you will find links to all the
information to get your web site up and running. All information
pertaining to your account should have been included in the Welcome Letter
you received when we created your account. If you did not receive a
welcome letter email, please contact us at
support@idtg.net. There
are several reasons an email may not reach you; first and foremost is if
the domain you have contracted services for is the same domain your
welcome email was sent to.
9.2
The support feature of our service at present
time consists of our
Support System
solving server related problems only.
9.3
Support can only be addressed in English through our
Support System.
9.4
All Support requests are to be processed through our
Support System.
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10. Law
10.1 This
Agreement shall be governed by and construed in accordance with United
States law and the laws governing the state of Florida. You hereby submit
to the non-exclusive jurisdiction of the U.S. courts.
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11. Headings
11.1
Headings are included in this Agreement for convenience only and shall not
affect the construction or interpretation of this Agreement.
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12.
Torturous Conduct
12.1 No
one shall post defamatory, scandalous, or private information about a
person without their consent, intentionally inflicting emotional distress,
or violating trademarks, copyrights, or other intellectual property
rights.
12.2
Any abuse towards any IDTG.Net employee will
not be tolerated. You are expected to request and respond to support and
other issues in a professional manner. When emailing IDTG.Net, refrain from using caps, exclamation points, and other
forms of written yelling. Any cursing, yelling, or further intentional
disruptive behavior aimed at IDTG.Net or it's employees shall be
considered a violation of this TOS.
12.3
Any threat; whether verbally, orally, written, or
delivered by second parties directed towards IDTG.Net or any of
it's employees, partners, equipment, and concerns shall be construed as a
violation of this TOS.
12.4 Any
conduct viewed as violating this section shall be considered a violation
of this TOS. IDTG.Net will be the sole arbitrator in regards to
what is deemed a violation.
12.5 No
refunds shall be given when the contents of this section necessitates
removal of the account.
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13.
Cancellation of Services
13.1 You
may cancel the Services at any time.
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14. Entire
Agreement
14.1
These terms and conditions together with any documents expressly referred
to in them, contain the entire Agreement between us relating to the
subject matter covered and supersede any previous Agreements,
arrangements, undertakings or proposals, written or oral: between us in
relation to such matters. No oral explanation or oral information given by
any party shall alter the interpretation of these terms and conditions. In
agreeing to these terms and conditions, you have not relied on any
representation other than those expressly stated in these terms and
conditions and you agree that you shall have no remedy in respect of any
misrepresentation which has not been made expressly in this Agreement.
14.2
IDTG.Net reserves the right to amend these
TOS at any time.
14.3
It is your responsibility to check these Terms of
Service on occasion for any such amendments.
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15.
Freedom to use these Terms
15 You
(anyone viewing this page) are free to use these terms as a template for
writing your own. Please have it reviewed by a local attorney to make
certain it conforms with your applicable laws. You will also wish to
confirm that the terms you create using this form as a template conform to
your upstream provider.
15.1
IDTG.Net releases rights to this document
text to the reader, free of encumbrance. Except as noted in this section
(15.3).
15.2
In no form can you hold IDTG.Net responsible
for any and all actions arising out of your use of these terms as your
own.
15.3
If you choose to use these terms as your own, this
section (15) must remain intact; save for our name. You agree to let
others use these terms as a guide.
15.4
Our release of this text material in no way assigns
rights of any images viewed herein.
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