Server abuse.
If we determine that any site on our servers is using too much of the server's resources and therefore abusing the server, we have the right to suspend that domain without any notice. It is then up to the Client to contact us and formulate a plan to get that domain activated again. We are quick to suspend any domain that abuses the server's resources due to the shared nature of the server and the negative impact an abusing domain has on other domains on the same server.
No mass email marketing or free email businesses allowed!
We do not allow mass email marketing sites on our servers. It doesn't matter if it's opt-in email marketing. We simply do not allow sites of that nature to be hosted in this shared environment. Sites such as "safe lists" and "free email" are also strictly prohibited. We reserve the right to shut down such sites because we consider them harmful to the server's performance.
We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any Client disregarding this policy.
We reserve the right to refuse service to anyone for any reason not prohibited by law. We also reserve the right to terminate service to any Client for any reason not prohibited by law.
Fee Increases.
IST may increase fees for services by providing notice to Client of such new fees at least ten (10) days prior to the beginning of the next Billing Cycle. If Client does not give written notice of non-renewal, the Client shall be deemed to have accepted the new fee(s) and any subsequent Terms.
Approvals.
It is the sole responsibility of the Client to review all materials before production and to attest to its accuracy. The Client shall make additional payments for, and allow additional time for, changes requested by the Client in the original assignment. However, no additional payments shall be made for changes required to conform to the original assignment description.
Errors incurred by IST will be corrected at no additional charge, but that is the extent of IST’ liability.
IST will not be responsible for incorrectly printed materials or any other loss, damage, or expense of any kind arising out of the use of or inability to use work created by IST.
Client should complete reviewing the site within 60 days after IST's initial delivery. After such period, IST reserves the right to charge for any of Client's change requests. A valid site maintenance service is required to provide extended service and is available upon requests.
Ownership & Usage.
Upon receipt of full payment, the Client is granted usage rights for the Client’s own marketing purposes.
Under no circumstances shall any work created by IST be used for resale, or as part of any item for sale, unless the Client secures such rights with IST.
Furthermore, no changes shall be made to any work created by IST by anyone other than IST unless specific rights which allow for such changes have been negotiated.
IST reserves the right to take legal action against any usage or alterations which may be considered damaging to the reputation of IST.
IST reserves any and all rights not expressly transferred.
IST reserves the right to reproduce and use any work created by IST for it’s own promotional purposes.
Releases.
In the event that third-party designs, artwork, photos, text, talent, property, or other protected materials are utilized for any assignment engaged in by the Client and IST, proper release of usage and/or ownership rights will be obtained by IST from the legal owner of such rights.
The Client shall indemnify IST against all claims and expenses, including reasonable attorney’s fees, due to uses of any materials for which no release was requested or for uses which exceed authority granted by a release. IST will not accept responsibility for copyright infringements resulting from the use of materials provided by the Client, and IST reserves the right to refuse any job it believes would violate copyright law or any other legal or ethical standards.
Conflict Of Interest.
IST retains the right to engage in assignments for any company before, during, or after the term of any assignment, regardless of whether such company is a competitor of the Client or not. However, IST shall not engage in any assignment involving a campaign which is in direct immediate competition with the current Client assignment. Additionally, IST shall not simultaneously work for companies who are directly competitive with the Client if IST is working under an exclusive Agency Of Record agreement with the Client.
Confidentiality.
The Client shall expect that any information or material provided to IST will be treated confidentially, and that all reasonable efforts will be taken to safeguard it. IST shall not disclose or use for its or anyone else’s benefit any confidential information, including without limitation, proprietary technologies, information, customers lists, marketing plans or trade secrets. IST will willingly provide a signed non-disclosure agreement upon request by Client.
Changes To Services.
Upgrades and other changes in IST services including, but not limited to changes in it’s technologies and third-party vendors are sometimes required to maintain efficient operations. IST reserves the right to change or modify services in it’s commercially reasonable discretion and shall not be liable for any resulting harm to Client or cause of Client’s inability to continue use of IST’ services.
Force Majeure.
IST shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond IST’ control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
Indemnification.
Client agrees to indemnify and hold harmless IST, it’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third-party under any theory of legal liability arising out of, or related to, the actual or alleged use of Client’s services in violation of applicable law by the Client or any person using Client’s account, regardless of whether such person has been authorized to use such services by the Client.
Expiration Or Termination.
The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third-party beneficiaries to the Agreement. Client may not transfer the Agreement without IST prior written consent. IST’ approval for assignment is contingent on the assignee meeting IST’ credit approval criteria. IST may assign the Agreement in whole or in part.
Account Reactivation.
If an account is cancelled due to client request or billing issues and the client desires to reactivate the account, a new sign up form needs to be filled out at our sign up form.
If an account was cancelled due to policy violation, we will not reactivate the account.
Refund Policy.
IST has a 30-day money back guarantee for hosting in all but a few situations.
If we terminate an account due to policy violation, there will be no refund.
Monthly fees associated with additional features are non-refundable.
Cancellation.
We reserves the right to terminate service at any time.
If an account is terminated for a policy violation there will be no
refund.
We reserves the right to delete the policy-violating web site content
without notice.
Termination by Customer.
During the first three (3) days of service, a Customer may terminate
service by written notice sent by electronic mail to info@ist-net.net,
by fax to 909-583-9327, or by U.S. Mail.
Beyond the first three days of service, thirty (30) days written notice
will be required for account termination, sent by electronic mail to
info@ist-net.net, by fax to 909-583-9327, or by U.S. Mail.
Payment Policy.
All payments made by the Client shall be applied to the total invoice
and are non-refundable. A payment schedule (Billing Cycle) shall be
defined within the quote and/or description for each assignment.
Net 30 accounts are available to qualified Clients. All payments must be
made in United States dollars. Client is responsible for providing IST
with changes in billing information (such as credit card number or
expiration date, change in billing address, etc.) as appropriate.
IST may suspend any service without notice when payment for such service
becomes ten (10) days overdue.
The full balance will be due no more than 7 days upon receipt of the
service invoice supplied by IST.
IST reserves the right to charge any unpaid balance past due 7 days or
more will be subject to 5% service charge per month past due with a
minimum service charge of $20.00 per month, per invoice.
IST reserves the right to suspend any and all current work being done
due to failure of Client to remit payment.
Balances that are 30 days past due are subject to removal from the
servers including deletion of files.
Legal action may be taken against the Client for any account remaining
past due for more than 60 days.
The grant of any license or right of copyright is conditioned on receipt
of full payment.
In accordance with accepted professional services practice, the Client
is financially obligated for any and all work done, whether or not it is
utilized.
All services are non-refundable.
Limitation of Liability.
IST - does not warrant any of its services. IST -is not responsible for
any grammatical errors found in submitted material by the Client.
IST - will not be liable for indirect, special or consequential damages,
or any loss of revenue or profits, arising in connection with the
projects that we develop/developed.
IST - is not responsible for any server side problems incurred due to
server down time, hosting issues, ISP down time, or Acts of God.
IST - reserves the right to delay or stop any project development for
any reason without liability.
IST - will notify the client immediately of any changes of project
development status, and make appropriate arrangements. If a project in
development is cancelled by IST - the client will be refunded the
deposit minus any billable hours.
IST - is not responsible for any damages incurred from hacking, hackers,
illegal activity, nor any changes made to web sites created and
maintained by IST - without prior permission.
IST - will not imply to correct any damages or changes made, however, we
can and will repair any damages incurred to the Clients Web Site(s)
using the current pricing policy guidelines.
Policy Changes
We reserves the right to amend our Terms of Service at any time and
without notice.
We reserve the right to refuse service
to anyone.
Should a policy violation occur, we reserves the right to terminate the
account without notice and without any refunds.
Copyright © 1996-2005 Interactive Systems Technology, Inc. All rights
reserved.