Hosting Terms of Service
Hosting Services Terms of Service
Terms and Conditions - updated 04/22/2009
iPlan is a host of personal and business World Wide Web pages. iPlan and its providers provide hosting capabilities as a service to the Internet community. The goal of iPlan and its providers is to provide you with the best service possible for an enjoyable Internet experience.
These terms and conditions are designed to keep iPlan's hosting service and the Internet enjoyable and useful for all of its subscribers. iPlan is committed to and supports the free flow of information and ideas over the Internet. iPlan does not actively monitor or exercise editorial control over the content of any web site, electronic mail transmission, mailing list, news group or other material created or accessible over iPlan or its providers' services. However, iPlan and its providers reserves the right to remove any materials iPlan or its providers becomes aware of that are, in their sole discretion, potentially illegal, could subject iPlan or its providers to liability, or violate this policy.
The use of iPlan's hosting service is subject to the following terms and conditions.
iPlan agrees that its providers may amend this agreement on an as needed basis by placing an update of this posting, and Client's continued use of iPlan following each updated posting shall be deemed to be your acceptance of any such modification. Furthermore, it is Client's responsibility to monitor the "Terms and Conditions" page of iPlan regularly to determine whether the terms and conditions have been modified. If changes to terms and conditions or pricing have been made, these changes will take effect on the date of Client's contract renewal. If Client does not agree with the Terms and Conditions of iPlan or any modifications or changes to this Agreement, Client must immediately stop using iPlan.
The entire content of iPlan and its providers is Copyrighted, and all rights are reserved. Client may save to disk or print out individual or selections of information contained within iPlan for Client's own use, provided that Client does not collect multiple small selections for the purpose of replicating or copying all or substantial portions of iPlan.
Terms of Contract
I. Financial Arrangements
1. Client agrees to the contract for the length specified, beginning upon iPlan's receipt by fax, e-mail, or express mail. Client agrees to pay iPlan for services rendered pursuant to the payment schedule.
2. First payment shall be due upon receipt of contract.
3. This agreement will automatically renew for identical successive periods unless canceled in writing or modified by client prior to the renewal date. Client will receive an invoice for charges and payment is due upon receipt of invoice.
4. Initial payment is due with contract. Contract takes effect on the date of receipt of payment, and will be renewed automatically for identical successive periods. Any changes made to the Client's package (e.g. extra traffic charges, additional server space, additional e-mail accounts) shall be billed accordingly.
5. All orders are subject to acceptance by iPlan. An order will be deemed accepted by iPlan when confirmation of the order is sent to Client. iPlan may refuse to accept any order, or delay acceptance awaiting completion of conditions iPlan may choose to exercise. Such refusal of such conditions may not be unreasonable, however, and iPlan agrees to provide Client with reasonable notice by email or fax of any intent to delay or decline the acceptance of any order.
iPlan and its providers shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or iPlan and its provider's server. Client agrees to take full responsibility for all taxes and fees of any nature associated with any such products sold.
III. Material and Products
1. iPlan will exercise no control whatsoever over the content of the information passing through the network or on the Client's web sites.
iPlan makes no warranties or guarantees of any kind, whether expressed or implied for the service it is providing. iPlan also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions or gaps by any cause or errors or omissions of the Client. iPlan and its providers are not responsible for any loss, erasure, or corruption of Client's data or files whatsoever. Use of any information obtained by way of iPlan or its providers is at the Client's own risk, and iPlan specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of connection to iPlan through its providers and does not represent guarantees of available end to end bandwidth. iPlan expressly limits its damages to the Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. iPlan specifically denies any responsibilities for any damages arising from a consequence of such unavailability. In the event that this material is not "Server-ready", iPlan may, at its option and at any time, reject this material, including but not limited to after it has been put iPlan's Server.
iPlan agrees to notify Client immediately of its refusal of the material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of iPlan . If the Client fails to modify the material, as directed by iPlan, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be terminated.
IV. Trademarks & Copyrights
Client warrants that it has the right to use the applicable trademarks, if any, and grants iPlan the right to use such trademarks in connection with iPlan's service.
V. Etiquette and Policy
1. The network resources of iPlan and its providers may not be used to impersonate another person or misrepresent authorization to act on behalf of others or iPlan and its providers. All messages via iPlan should correctly identify the sender users may not alter the attribution of origin in electronic mail messages or postings. Users may not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access to said networks. Clients may not iPlan's server for mass email or "spamming" purposes.
2. iPlan and its providers may impose reasonable rules and regulations regarding the use of its services. Client shall impose such rules and regulations on its customers to the extent necessary to ensure compliance.
3. iPlan and its providers may discontinue servicing any Plan, or may require fulfillment of terms or conditions. iPlan and its providers may choose to impose as a prerequisite for continuing to service any such Plan. Such discontinuation or requirement may not be unreasonable, however, and iPlan agrees to provide Client with reasonable notice by email and fax of any such intent to discontinue or impose certain conditions.
4. iPlan's services may not be used for illegal purposes, or in support of illegal activities. iPlan reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Activities which are prohibited as potentially illegal include, but are not limited to:
Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources, and copyrighted software.
Posting or emailing of scams such as 'make-money-fast' schemes or 'pyramid/chain' letters.
Threatening bodily harm or property damage to individuals or groups.
Making fraudulent offers of products, items, or services originating from your account.
Attempting to access the accounts of others, or attempting to penetrate beyond security measures of iPlan's or other systems (referred to as hacking) whether or not the intrusion results in corruption or loss of data.
Harassing others by 'mail-bombing'. 'Mail-bombing' constitutes sending more than ten (10) similar mail messages to the same e-mail address.
Forging any message header, in part or whole, or any electronic transmission, originating or passing through iPlan services.
Distributing viruses to or from iPlan or its provider's systems.
5. Bulk email sent through a mail service external to iPlan's system cannot contain an email address or a domain name that is hosted by iPlan or its providers. This generally results in complaints being forwarded to iPlan's administrative staff and will be cause for immediate account termination or suspension without prior notification.
VI. Charges for Space and Server Traffic Above and Beyond that which are Allocated in Client's Hosting Plan.
Client agrees that it will be charged and will remit payment for extra server traffic pursuant to the web site hosting package that Client has selected. Said charges will be prorated and will appear on the following invoice. Charges for excess server traffic are posted on the "extras" page (click here to review).
Client agrees that it will be charged and will remit payment for extra server storage and e-mail accounts pursuant to the web site hosting that Client has selected. Said charges will be prorated and appear on the following invoice. Charges for extra server storage space and extra e-mail accounts are posted in the hosting section of www.iPlan.com.
1. This Agreement may be terminated by iPlan or its providers, without cause, by giving the other party 30 days notice via e-mail or fax. In such event, iPlan will be required to pay to the other party an amount equal to the unused and prorated portion of service excluding any setup charges. Notwithstanding the above, iPlan or its providers may terminate the service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement. It is Client's responsibility to point his/her domain to another service provider upon termination, cancellation or discontinuation of service.
2. iPlan offers a 30-day money back guarantee for its services. This guarantee excludes any setup fees or installation charges applied to iPlan's services or applications.
3. iPlan will not issue refunds or credits past the 30-day money back guarantee.
VIII. Limited Liability
1. Client expressly agrees that use of iPlan's server is at Client's sole risk. Neither iPlan nor its providers, its employees, agents, resellers, third party information providers, merchants licensers or the like, warrant that iPlan's server service will not be interrupted or be error free nor do they make any warranty as to the results that might be obtained from the use of the server service or as to the accuracy or reliability of any information service or merchandise contained in or provided through the iPlan server service, unless otherwise expressly stated in this Agreement.
2. Under no circumstances, including negligence, shall iPlan's provider, its offices, agents or anyone else involved in creating or distributing iPlan's server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the iPlan server service or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to iPlan's records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on iPlan's server service.
Client agrees that it shall defend, indemnify, save and hold iPlan and its providers harmless from any demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against iPlan , its providers, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless iPlan and its providers against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with iPlan 's server (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party (iii) copyright infringement and (iv) any defective product which Client sold on iPlan server.
X. Partial Invalidity
If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. iPlan and Client agree to renegotiate in good faith any term held invalid and to be bound by mutually agreed substitute provision.
The parties shall try to resolve all disputes that might arise out of this agreement in a spirit of cooperation without formal procedures. Any dispute which cannot be so resolved (other than the collection of money due on unpaid invoices) and other than the injunctive relief referred to in paragraph X shall be subject to arbitration upon written demand of either party. Arbitration shall take place in Boise, Idaho, or at a different location if the parties so agree. The arbitration will take place before an arbitration panel chosen as follows: The parties shall each choose an arbitrator, and the two arbitrators shall choose a third arbitrator and determine the third arbitrator's pay. Each party shall have one veto over the choice of the third arbitrator. The three arbitrators shall schedule an informal proceeding, hear the arguments, and decide the matter by secret majority vote. Unless the arbitrators decide otherwise, each party shall pay the costs of its own arbitrator, and shall pay half of the other costs of the arbitration proceeding. Each party shall have the right to have the proceedings transcribed. The arbitrators will not have the authority to award punitive damages or any other form of relief not contemplated in the contract. The majority of arbitrators shall render a written opinion setting forth the basis on which they arrived at the decision regarding each issue submitted to arbitration the dissenting arbitrator, if any, shall not issue a dissenting opinion. Regarding each issue submitted to arbitration, the decision will be final and binding only to the extent it is accompanied by a written explanation of the basis upon which it was arrived at. Judgment upon the award, if any, rendered by the arbitrators may be entered in any court having jurisdiction.
Should any legal action permissible under this agreement be taken to enforce the conditions and terms of this agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable legal fees and expenses incurred at the trial and appellate levels.
Client acknowledges that by reason of its relationship with iPlan or its providers, it may have access to certain products, iPlan and materials relating to iPlan's business, plans, customers, software technology, and marketing plans that are confidential and of substantial value to iPlan or its providers, which value would be impaired if such information were disclosed to third parties. Client agrees that it will not use in any way for its own account or for the account of any third party, nor disclose to any third party, any such information revealed to it by iPlan . Client further agrees that it will take every appropriate precaution to protect the confidentiality of such information. In the event of termination of this agreement, there shall be no use or disclosure by the Client of any such confidential information in its possession, and all confidential documents shall be returned to iPlan or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, iPlan shall be entitled to injunctive relief, which relief will not be contested by Client.
Except with respect to service of process, all notices may be sent by email, fax, or express mail to the email address, fax number, or address most recently provided and will be effective upon transmission. Evidence of successful transmission shall be retained.