Privacy Policy
POLICIY -> TOS (Terms of Service)
IMPORTANT NOTICE: *All Payments To IH SYSTEM INC. (Everyones
Internet) Are Non-Refundable*
IH Systems, Inc.("The Company" also referred
as IHSYSTEM here) agrees to furnish services to the Subscriber,
subject to the following TOS (Terms of Service).
Use of IHSYSTEM Service constitutes acceptance and agreement
to IHSYSTEM AUP as well as IHSYSTEM TOS (Terms of Service).
All provisions of this contract are subject to the TOS
(Terms of Service) of IH Systems, Inc. and AUP (Acceptable
Use Policy). The AUP may be changed from time to time at
the discretion of the Company. Subscriber understands that
change to the AUP by the Company shall not be grounds for
early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance
with the laws of the state of Illinois, county of Dupage
s applicable to contracts enforceable in that state.
1. Disclosure to Law Enforcement: The AUP
specifically prohibits the use of our service for illegal
activities. Therefore, Subscriber agrees that the Company
may disclose any and all subscriber information including
assigned IP numbers, account history, account use, etc.
to any law enforcement agent who makes a written request
without further consent or notification to the Subscriber.
In addition IHSYSTEM shall have the right to terminate all
service set forth in this Agreement.
Service Rates:
Subscriber acknowledges that the nature of the service
furnished and the initial rates and charges have been communicated
to Subscriber. Subscriber is aware that the Company may
prospectively change the specified rates and charges from
time to time. The promotional offer is contingent upon Company
achieving and maintaining its cost of service goals including
but not limited to rates charged to company by its suppliers.
Payment:
Establishment of this service is dependent upon receipt
by the Company of payment of stated charges. Subsequent
payments are due on the anniversary date of the month for
that month's service. All accounts and services provided
by IHSYSTEM are subject to the current tax rate as imposed
by the City of Naperville, State of Illinois which is currently
8.25%. 80% of the monthly service charge is subject to the
8.25% tax rate, while the remaining 20% of the monthly service
charge is not taxed. 100% of the setup fee is subject to
the 8.25% tax rate. The above applies to all accounts and
services provided by IHS.
Payments and Fees:
Credit cards that are declined for any reason are subject
to a $1.00 declination fee. Service will be interrupted
on accounts that reach 10 days past due. Service interrupted
for nonpayment is subject to a $200 reconnect charge. Accounts
not paid by due date are subject to a $7.95 late fee. Accounts
that are not collectable by IHSYSTEM may be turned over
to an outside collection agency for collection. If your
account is turned over for collection, you agree to pay
the company a "Processing and Collection" Fee
of not less than $50 nor more than $150. If you desire to
cancel your account, please follow the proper procedure
to do this as outlined in this TOS.
Refund and Disputes:
All payments to IH Systems, Inc. are nonrefundable. This
includes the one time setup fee and subsequent charges regardless
of usage. All overcharges or billing disputes must be reported
within 60 days of the time the dispute occurred. If you
dispute a charge to your credit card issuer that, in IHSYSTEM
sole discretion is a valid charge under the provisions of
the TOS and /or AUP, you agree to pay IHSYSTEM an "Administrative
Fee" of not less than $50 and not more than $150.
2. Failure to Pay:
The Company may temporarily deny service or terminate this
Agreement upon the failure of Subscriber to pay charges
when due. Such termination or denial will not relieve Subscriber
of responsibility for the payment of all accrued charges,
plus reasonable interest and any collection fees.
3. Account Cancellation:
Requests for canceling accounts may be made in writing with
at least 30 days notice but not more than 60 days prior
written notice and sent to
IH System
Attn: Cancellations
1717 Park Street Suite 110
Naperville, IL 60563
Or you may call 630-548-9999 or fax the cancellation request
to 630-579-1256.
IHSYSTEM’s preferred method of cancellation is via
the members section of your IHSYSTEM account. Please log
into the members section at www.IHS.net and you can request
to have your server cancelled there via the online cancellation
form.
You must have all account information to cancel.
4. Subscriber acknowledges that the service
provided is of such a nature that service can be interrupted
for many reasons other than the negligence of the company
and that damages resulting from any interruption of service
are difficult to ascertain. Therefore, subscriber agrees
that the company shall not be liable for any damages arising
from such causes beyond the direct and exclusive control
of the company. Subscriber further acknowledges that the
company's liability for its own negligence may not in any
event exceed an amount equivalent to charges payable by
subscriber for services during the period damages occurred.
In no event shall the company be liable for any special
or consequential damages, loss or injury.
New Domain Accounts:
All new webhosting accounts involving new domains will be
set up and entered into our DNS servers within 3 to 5 business
days. Due to unforeseen complications, however, this process
may sometimes require up to 7 business days. If the new
domain is registered by the account holder, there will be
no handling fee. If the domain is registered by IH Systems,
Inc.on behalf of the account holder a handling fee will
be incurred.
5. Transfer of Domains:
New webhosting accounts which involve the transfer of a
domain from another provider to IH Systems, Inc.will require
a minimum of seven (7) days to be set up and entered into
our DNS servers. In some cases, such transfers may take
up to sixty (60) days. Due to the unpredictable nature of
the transfer process, no guarantees are made regarding the
amount of time a specific transfer may take. If the transfer
of the domain is done by IH Systems, Inc.on behalf of the
account holder a handling fee will be incurred. If the customer
cancels service during the transfer period for any reason,
all charges are considered earned.
6. Support Boundaries:
IHS, provides 24 x 7 technical support to our subscribers
(except for few holidays and short company meetings when
we close our center.) We limit our technical support to
our area of expertise. The following is our guidelines when
providing support: IHSYSTEM provides support related to
your server or virtual site physical functioning. IHSYSTEM
does not offer tech support for application specific issues
such as cgi programming, html or any other such issue. IHSYSTEM
does not provide technical support for YOUR customers. If
you can email, we encourage you to email support at IHSYSTEM.com
for assistance. If you are able to get online and have other
questions, the answers may be on our home page at http://support/.IHSYSTEM.com
- we encourage you to check there first. Lastly, the Help
files in the program you are using may have the answer to
your question so please do investigate these resources before
calling tech support.
7. SPAM and Unsolicited Commercial Email (UCE):
IHS takes a zero tolerance approach to the sending of Unsolicited
Commercial Email (UCE) or SPAM over our network. Very simply
this means that customers of IHSYSTEM may not use or permit
others to use our network to transact in UCE. Customers
of IHSYSTEM may not host, or permit hosting of, sites or
information that is advertised by UCE from other networks.
Violations of this policy carry severe penalties, including
termination of service.
a. Violation of IHSYSTEM’s SPAM policy will result
in severe penalties. Upon notification of an alleged violation
of our SPAM policy, IHSYSTEM will initiate an immediate
investigation (within 48 hours of notification). During
the investigation, IHSYSTEM may restrict customer access
to the network to prevent further violations. If a customer
is found to be in violation of our SPAM policy, IHSYSTEM
may, at its sole discretion, restrict, suspend or terminate
customer's account. Further, IHSYSTEM reserves the right
to pursue civil remedies for any costs associated with the
investigation of a substantiated policy violation. IHSYSTEM
will notify law enforcement officials if the violation is
believed to be a criminal offense.
b. First violations of this policy will result in an "Administrative
Fee" of $250 and your account will be reviewed for
possible immediate termination. A second violation will
result in an "Administrative Fee" of $500 and
immediate termination of your account. Users who violate
this policy agree that in addition to these "Administrative"
penalties, they will pay "Research Fees" not to
exceed $175 per hour that IHSYSTEM personnel must spend
to investigate the matter. PLEASE, DO NOT SPAM from your
account.
c. As our Customers are ultimately responsible for the actions
of their clients over the IHSYSTEM network, it is advisable
that Customers develop a similar, or stricter, policy for
their clients.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services
on their server that support spammers or cause any of our
IP space to be listed in any of the various Spam Databases
will have their server immediately removed from our network.
The server will not be reconnected until such time that
you agree to remove ANY and ALL traces of the offending
material immediately upon reconnection and agree to allow
us access to the server to confirm that all material has
been COMPLETELY removed. Severe violations may result in
immediate and permanent removal of the server from our network
without notice to the customer. Any server guilty of a second
violation WILL be immediately and permanently removed from
our network without notice.
8. Network
a. IP Address Ownership:
If IHSYSTEM assigns Customer an Internet Protocol address
for Customer's use, the right to use that Internet Protocol
address shall belong only to IHS, and Customer shall have
no right to use that Internet Protocol address except as
permitted by IHSYSTEM in its sole discretion in connection
with the Services, during the term of this Agreement. IHSYSTEM
shall maintain and control ownership of all Internet Protocol
numbers and addresses that may be assigned to Customer by
IHS, and IHSYSTEM reserves the right to change or remove
any and all such Internet Protocol numbers and addresses,
in its sole and absolute discretion. Our allocation of IP
addresses is limited by ARIN's new policies. These new policies
state that use of IP addresses for IP based virtual hosts
will not be accepted as justification for new IP addresses.
What this means to you is that you MUST use name-based hosting
where possible. We will periodically review IP address usage,
and if we find that clients are using IP addresses where
name-based hosting could be used, we will revoke authorization
to use those IP addresses that could be used with name-based
hosting.
b. Bandwidth and Disk Usage:
Customer agrees that bandwidth and disk usage shall not
exceed the number of megabytes per month for the Services
ordered by Customer on the Order Form (the "Agreed
Usage"). IHSYSTEM will monitor Customer's bandwidth
and disk usage. IHSYSTEM shall have the right to take corrective
action if Customer's bandwidth or disk usage exceeds the
Agreed Usage. Such corrective action may include the assessment
of additional charges, disconnection or discontinuance of
any and all Services, or termination of this Agreement,
which actions may be taken is in IHSYSTEM’s sole and
absolute discretion. If IHSYSTEM takes any corrective action
under this section, Customer shall not be entitled to a
refund of any fees paid in advance prior to such action.
In the event that a customer exceeds the included allocation,
IHSYSTEM may, at its sole discretion, collect a deposit,
in an amount determined by IHS, against customer's credit
card on file with IHS.
c. System and Network Security:
Users are prohibited from violating or attempting to violate
the security of the IHSYSTEM Network. Violations of system
or network security may result in civil or criminal liability.
IHSYSTEM will investigate occurrences, which may involve
such
violations and may involve, and cooperate with, law enforcement
authorities in prosecuting Users who are involved in such
violations. These violations include, without limitation:
i. Accessing data not intended for such User or logging
into a server or account, which such User is not authorized
to access.
ii. Attempting to probe, scan or test the vulnerability
of a system or network or to breach security or authentication
measures without proper authorization.
iii. Attempting to interfere with service to any user, host
or network, including, without limitation, via means of
overloading, "flooding", "mail bombing"
or "crashing".
iv. Forging any TCP/IP packet header or any part of the
header information in any e-mail or newsgroup posting.
v. Taking any action in order to obtain services to which
such User is not entitled.
9. Notification of Violation:
a. IHS is under no duty to look at each customer's or user's
activities to determine if a violation of the AUP has occurred,
nor do we assume any responsibility through our AUP to monitor
or police Internet-related activities.
b. First violation: Any User, which IHSYSTEM determines
to have violated any element of this Acceptable Use Policy,
shall receive an email, warning them of the violation. The
service may be subject at IHSYSTEM’s discretion to
a temporary suspension pending a User's agreement in writing,
to refrain from any further violations.
c. Second Violation:
Users that IHSYSTEM determines to have committed a second
violation of any element of this Acceptable Use Policy shall
be subject to immediate suspension or termination of service
without further notice.
d. We reserve the right, to drop the section of IP space
involved in Spam or Denial-of-Service complaints if it is
clear that the offending activity is causing great harm
to parties on the Internet. In particular, if open relays
are on your network or a customer's network, or if denial
of service attacks are originating from your network. In
certain rare cases, we may have to do this before attempting
to contact you. If we do this, we will contact you as soon
as is feasible.
10. Suspension of Service or Cancellation:
IHS reserves the right to suspend network access to any
customer if in the judgment of the IHSYSTEM network administrators
the customer's server is the source or target of the violation
of any of the other terms of the AUP or for any other reason
which IHSYSTEM chooses. If inappropriate activity is detected,
all accounts of the Customer in question will be deactivated
until an investigation is complete. Prior notification to
the Customer is not assured. In extreme cases, law enforcement
will be contacted regarding the activity. The customer will
not be credited for the time the customer's machines were
suspended.
11. IHSYSTEM reserves the right to amend its policies at
any time. All Sub-Networks, resellers and managed servers
of IHSYSTEM must adhere to the above policies. Failure to
follow any term or condition will be grounds for immediate
Cancellation. You will be held responsible for the actions
of your clients in the matter described on these Terms and
conditions. Therefore, it is in your best interest to implement
a similar or stricter Terms and conditions or otherwise
called Acceptable Terms of use policy.
Indemnification: IHSYSTEM wishes to emphasize that in agreeing
to the IHSYSTEM Acceptable Use Policy (
12. AUP) and Terms of Service (ToS), customer indemnifies
IHSYSTEM for any violation of the Acceptable Use
Policy (AUP) and Terms of Service (ToS) that results in
loss to IHSYSTEM or the bringing of any claim against IHSYSTEM
by any third-party. This means that if IHSYSTEM is sued
because of a customer's or a customer of a customer's activity,
the customer will pay any damages awarded against IHS, plus
all costs and attorney's fees.
13. Miscellaneous Provisions:
You must provide us with, and keep current, good contact
information for you. E-mail, fax, and telephone contacts
are used, in that order of preference.
a. A waiver by the Company of any breach of any provision
of this Agreement by Subscriber shall not operate as or
be construed as a continuing or subsequent waiver thereof
or as a waiver of any breach of any other provision thereof.
b. Subscriber shall not transfer or assign this Agreement
without the prior written consent of the Company. Company
may assign Agreement at anytime without consent from or
notice to Subscriber. Company reserves right to cancel customers
rights under this contract at anytime without further obligation.
c. IHS takes no responsibility for any material input by
others and not posted to the IHSYSTEM Network by IHS. IHSYSTEM
is not responsible for the content of any other websites
linked to the IHSYSTEM Network; links are provided as Internet
navigation tools only. IHSYSTEM disclaims any responsibility
for any such inappropriate use and any liability to any
person or party for any other person or party's violation
of this policy.
d. IHS is not responsible for any damages your business
may suffer. IHSYSTEM does not make implied or written warranties
for any of our services. IHSYSTEM denies any warranty or
merchantability for a specific purpose. This includes loss
of data resulting from delays, non-deliveries, wrong delivery,
and any and all service interruptions caused by IHS.
14. Responsability for Content:
You, as IHSYSTEM’s customer, are solely responsible
for the content stored on and served by your IHSYSTEM server.
Windows Servers: Requirements for using Microsoft software.
Subscribers are prohibited from allowing more than five
(5) authenticated users of the Microsoft Windows Server
Operating Systems under Microsoft licensing terms and could
create liability issues with Microsoft if violated.
Customer agrees not to remove, modify or obscure any copyright,
trademark or other proprietary rights notices that appear
on Software Products or that appear during the use of Software
Products. Customer further agrees not to reverse engineer,
decompile, or disassemble the Software Products.
IHS may provide you access to other third party software
and/or services ("Third Party Products ") through
reseller relationships IHSYSTEM has established with certain
commercial vendors, including without limitation, Microsoft
Corporation ("Third Party Vendors"). Unless otherwise
notified, Customer understands that product support for
Third Party Products is provided by IHSYSTEM and not by
the Third Party Vendor. Neither IHSYSTEM nor any Third Party
Vendor makes any representations or warranties, express
or implied, regarding any Third Party Products. Customer
expressly acknowledges and agrees that use of third party
products is at customer's sole risk and such third party
products are provided "as is" and without representation
or warranty of any kind from IHSYSTEM or any third party
vendor, including without limitation, any implied warranty
of merchantability, fitness for a particular purpose, accuracy
or completeness of responses or results, correspondence
to description, or non-infringement of third party rights.
To the maximum extent permitted by applicable law, neither
IHSYSTEM nor any third
15. party vendor will be legally responsible
for any damages, whether direct, indirect, or consequential,
arising from the use or inability to use any third party
product. Customer agrees to observe the terms of any license
and/or applicable end user subscriber agreement for third
party products and that customer shall be fully liable to
third party vendors and IHSYSTEM with respect to any improper
use of such third party products or violation of license
agreements with them and/or applicable end user subscriber
agreements.
IHSYSTEM Liabaility. IHSYSTEM shall not be liable for incidental,
consequential, punitive, or exemplary damages, whether in
contract or in tort, regardless of whether IHSYSTEM was
advised of the possibility of such damages. The remedy for
IHSYSTEM breach of any provision of signed contract Agreement
shall be repair and replacement by IHSYSTEM. IHSYSTEM shall
not be liable for claims caused by any modification, alteration
or adaptation by anyone other than IHSYSTEM. In any event,
IHSYSTEM maximum liability shall be limited to fifty (50%)
percent of the monthly fee actually received by IHSYSTEM
from Customer.
CUSTOMER
Signature: Not required if the order form is signed or the
first invoice is not disputed in writing by the customer.
Name:
Title:
Date:
IHSYSTEM INC.
Signature: Not required if the order form is signed or the
first invoice is not disputed in writing by the customer.
Name:
Title:
