Acceptable Terms of Use Policy
Definition of Terms
General
This document provides a general understanding of ISSHosting.net policies. It is designed to help protect our Service and our customers from irresponsible or illegal activities. It is our goal to provide easy, safe and affordable web hosting services to our clients.
System abuse is strictly prohibited. ISS may terminate your account immediately, hold you financially liable for damages and/or bring legal action against you if you engage in system abuse. System abuse is defined as, but is not limited to:
Attempting to circumnavigate security of any host, network or account whether it is located at ISSHosting.net or elsewhere on the Internet, commonly known as "Cracking".
Giving out your username and password.
Sending unsolicited mail messages(SPAM) or operating an open relay smtp server anywhere on ISSHosting.net.
Posting inappropriate messages to newsgroups(spamming).
Harassment in any way of other users on the internet - This includes size and frequency of e-mail messages, language, or interfering with or denying access to any user of the internet.
Using an account to collect messages sent from another provider which violate the rules of ISSHosting.net or the other provider.
Using a program such as a "ponger" or automatic e-mail checking, to keep your connection alive while you are not at your computer.
This list is a guideline and does not cover every possible situation. If you are unsure whether an action is acceptable, you should contact us for evaluation.
If an ISS account is involved in a violation of these policies, we reserve the right to suspend or terminate Service without notice. Our preferred course of action would be to advise the account owner of the inappropriate behavior and any corrective action that may be necessary. However, repeated or flagrant violations of these policies may result in immediate termination of Service.
In the event that an account is deactivated or canceled as a result of any activities proscribed by these policies, the account may be subject to set-up fees, reactivation charges and/or deposit requirements to be determined by ISS, if such account is permitted to be re-activated or re-established. Users whose accounts have been canceled for misuse or violation of any Service Agreements or our Terms of Use Policies are not entitled to re-register for the Service without express written approval from ISS. Any further registrations for the Service by or for the user whose account has been terminated for such activities may be rejected or the new account(s) may be terminated upon discovery, and such further registration or use may subject the user to additional account set-up, analysis, monthly usage and/or termination charges for each such registration in amounts to be determined by ISS.
ISS may take such action as it deems appropriate against any subscriber or account user for violations of any Service Agreements or Terms of Use Policies. However, there is no promise or obligation on our part to monitor or police any such activity and ISS will have no liability to any party for any other party’s violation of any of our Policies and/or Service Agreements.
Information Sharing and Disclosure
ISS will not sell or rent your personally identifiable information to anyone under any circumstances.
ISS will divulge personally identifiable information about you to other companies or people ONLY when:
We have your consent to share the information; or
We respond to subpoenas, court orders or legal process; or
We find that your actions violate ISS Service Agreements or Terms of Use Policies,
ISS will not open your personal email unless:
We have your consent to open your email for the purpose of repairing or troubleshooting damaged or otherwise corrupt mailboxes or;
We respond to subpoenas, court orders or legal process; or
We find that your actions violate ISS Service Agreements or Terms of Use Policies.
You Must Agree to these Terms of Use Policies and any Service Agreements to use ISS Products and Services. By using an ISS Product (defined above), you agree to these terms and conditions ("Terms of Use Policies and/or Service Agreements") and the ISS Privacy Policy. You agree to accept notices electronically. Each time you use an ISS Product, you reaffirm your acceptance of the then-current Terms of Use Policies. If you do not wish to be bound by these Terms of Use, you may discontinue using the ISS Products. You cannot use or sign up for ISS Products until you have accepted these Terms of Use.
Modifications to the Terms of Use
In the event that ISS makes material changes to these Terms of Use, all current ISSHosting.net customers will be notified via email at least 30 days before the modified terms of use go into effect. ISS will email users at the email address(es) provided by each user and is not responsible for invalid addresses or undeliverable email. The modified Terms of Use will be posted on our website at least 30 days in advance of the effective date. You agree to the newly posted Terms of Use, by continuing your use of the ISS Products. If you do not agree with the modified Terms of Use, your only remedy is to discontinue using ISSHosting.net Services and cancel your registration.
Requirements for Use of ISSHosting.net Products
ISSHosting.net Products are intended for general consumer use. You represent and warrant that you have adequate legal capacity to enter into binding agreements such as these Terms of Use. ISSHosting.net Products may require the user to register and provide certain personal information to ISS, such as name, e-mail address, gender, date of birth, zip code ( "Personal Information"). If you register for any ISS Product, you agree to provide accurate and complete Personal Information and you agree to keep such information current.
Registered User Information
The ISS Privacy Policy explains how ISS collects and uses Personal Information. You consent to ISS’s use of your Personal Information under the terms of the ISS Privacy Policy.
Lawful Use of ISS Products
You may use ISS Products for lawful purposes only.
Changes to the Service
ISS has the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the ISSHosting.net Products including, but not limited to, the software, hours of availability or equipment needed for access or use. ISSHosting.net has no obligation to provide you with notice of any such changes.
License for Use
You may not sell, assign, grant a security interest in or otherwise transfer any right in the Software or incorporate it (or any portion of it) into another product. You may not copy the Software. You may not translate, reverse-engineer or reverse-compile or decompile, disassemble, make derivative works from, or otherwise attempt to discover any source code in the Software. You may not modify the Software or use it in any way not expressly authorized by these Terms of Use. You may not obtain the communications protocol for accessing the ISSHosting.net Service, the ISSHosting.net Products, or any other ISS services. Finally, you may not authorize or assist any third party to do any of the things described in this paragraph. You understand that ISS’s introduction of various technologies may not be consistent across all platforms and that the performance and features offered by ISS may vary depending on your computer and other equipment.
Communications Related to ISS Products
You are responsible for obtaining your own Internet access, such as maintaining all telephone, connection hardware and other equipment needed for access to and use of the ISSHosting.net Products, and all charges related thereto. Any telephone or other communications charges incurred by you to access ISSHosting.net are your responsibility.
Disclaimer of Warranty; Limitation of Liability
Your use of ISSHosting.net Products and Software is at your sole risk. ISSHosting.net Products and Software are provided “AS IS,” "WITH ALL FAULTS" AND "AS AVAILABLE" for your use, without warranties of any kind, either expressed or implied, unless such warranties are legally incapable of exclusion. Specifically, ISSHosting.net disclaim implied warranties that the ISSHosting.net Products and Software are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing.. ISSHosting.net, does not warranty that the functions contained in the ISSHosting.net Products and Software will meet your requirements or that the operation of the ISSHosting.net Products and Software will be uninterrupted or error-free, or that defects in the ISSHosting.net Products and Software will be corrected. ISSHosting.net does not warranty or make any representations regarding the use or the results of the use of the ISSHosting.net Products, Software or related documentation in terms of their correctness, accuracy, realiability or otherwise. ISSHosting.net provides the ISSHosting.net Products and Softwar on a commercially responsible basis and does not guarantee that users will be able to acces or use the ISSHosting.net Products at times or locations of their choosing, or that ISSHosting.net will have adequate capacity for the ISSHosting.net Products as a whole.
Limitation of Liability
ISS’ entire liability and your exclusive remedy with respect to any dispute with ISSHosting.net (Including without limitation your use of the software or ISSHosting.net Products) is to discontinue your use of the ISSHosting.net Products and Software. ISS and its vendors shall not be liable for any indirect, special, incidental, consequential or exemplary damage arising from your use of the ISSHosting.net Products, Software, or for any other claim related in anyway to your use or registration with ISSHosting.net Products and Software. These exclusions for indirect, special, incidental, consequential or exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if ISSHosting.net had been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, ISSHosting.net Liability in such state or jurisdiction shall be limited to the extent permitted by law.
Indemnification
You agree to defend, indemnify and hold harmless ISS, its vendors, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of the ISS & ISSHosting.net Services. ISS reserves the right, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, and only in such event, shall you have no further obligation to provide indemnification for ISSHosting.net in that matter. Trademarks - All trademarks appearing on the ISSHosting.net Products are the property of their respective owners, including, without limitation, ISS.
Impersonation
You may not attempt to send Electronic Mail or USENET News articles using a name address of someone other than yourself. Attempting to impersonate any person, using forged headers or other identifying information, is prohibited. Attempts to do so that are discovered by ISS or reported by other parties may be reported to the proper authority immediately, and may result in the offending account being terminated immediately. The use of anonymous re-mailers and nicknames, by themselves, does not necessarily constitute impersonation if it is not being done with the intention of misleading the recipient or another party into believing that you are some other specifically identifiable user or person other than yourself.
Network Unfriendly Activity
Activities, which adversely affect the ability of other people or systems to use ISSHosting.net is prohibited.
Unauthorized Uses – Non-Payment
Re-selling Service, without express written consent from ISS, or offering any public information service using such accounts, such as running a web server or FTP server, is prohibited.
Excessive Usage, Bandwidth or Disk Utilization
Where ISSHosting.net’s service or feature descriptions specify limits on bandwidth and/or disk utilization, use in excess of those limits is not permitted without an appropriate change in account type or status and may incur additional charges for such usage. Bandwidth and disk utilization will be computed or determined by ISS from time to time in developing its Product and Service offerings. In addition, in the event ISS determines that an account is exceeding the relevant bandwidth or disk utilization, the account owner will generally be notified by e-mail. If the excess use continues after such notification, the owner may be requested to upgrade the account’s Service Agreement or to modify the activity creating the excess use, or the account may be terminated.
If excessive bandwidth, disk space utilization or dial-up session length is determined to adversely affect ISSHosting.net’s ability to provide service, immediate action may be taken. The account owner may be notified by e-mail as soon as practical thereafter.
Misuse of Subscriber’s Account
Account sharing (other than among immediate family members) is strictly prohibited. No more than one login session can be active at a time on a subscriber’s account. Accounts which have been transferred to other parties, or which show other activity in violation of this condition, may be terminated without notice.
Service, Network and System Interference
Subscribers may not attempt to interfere with or compromise the operation of the ISSHosting.net in whole or part, to interfere with any of the equipment comprising the system, or to access other accounts or restricted areas of the system.
Subscribers may not use ISSHosting.net in a manner that adversely affects the availability of its resources to other ISSHosting.net customers.
Facility Usage
Subscribers may only use those ISSHosting.net online and computing facilities and Service areas, which have been authorized for subscriber use. If access is protected by a password, subscribers are not to make this password available to others or use the password(s) of others to gain access to such areas. Subscribers may not attempt to find out the password of another user, nor aid such attempt by any other person.
Subscribers may use ISSHosting.net online and computing facilities and Service areas only for authorized purposes. Subscribers may not attempt to interfere with the proper or intended operation of any computing facility.
Subscribers may not attempt to subvert – or aid others to subvert – the security of any computing facility.
Subscribers may not interfere with use by any other authorized user, nor compromise the confidentiality of ISSHosting.net or any other party’s internal business practices or records.
Any attempts, whether successful or not, to gain access to any computer system or customer’s data without consent is prohibited.
Privacy
It may be necessary for ISS employees or representatives to examine system operational and accounting logs and other records to resolve Service-related problems. ISS reserves the right to access an account’s mailbox or other features to resolve problems or mail system errors.
In addition, ISS will cooperate with the appropriate legal authorities or other parties in investigating claims of illegal activity, including but not limited to illegal transfer or use of copyrighted material, postings or e-mail containing threats of violence, or other illegal activity. ISS makes no guarantee and assumes no liability for the security of any data on any server including those designated as “secure servers.”
No computer system can be completely protected or should be considered 100% safe from intrusion. E-mail and other data transmissions over the Internet may pass through many computer systems, and should not be considered a secure means of communication unless encrypted. Even then, such information is only as secure as the encryption method used.
ISSHosting.net does not generally monitor the activity of accounts except to measure system utilization and accumulate billing records. However, in our efforts to protect the integrity of our Service and fulfill any responsibility we may have as good citizens within the Internet community, if we become aware of inappropriate use of the ISSHosting.net we may respond accordingly.
Censorship
ISS does not intend to censor the content of communications passing through its systems. We believe such choices should generally be left to the individual subscriber. However, ISS reserves the right to deactivate or cancel any account. If an account is canceled by ISS, but cancellation is not due to any of the specified reasons within the Service Agreement or Terms of Use Policy, ISS, will prorate and refund the balance of the prepaid amount.
E-mail messages sent via ISSHosting.net and the Internet are communications between the senders and consenting receivers thereof, and ISSHosting.net has neither the authority nor the responsibility to regulate their content. The views and comments expressed by ISSHosting.net subscribers/users or other senders of such postings or messages are solely those of their authors and do not IN ANY WAY reflect any review, approval or endorsement by ISSHosting.net. ISSHosting.net will, however, attempt to assist subscribers who continually receive e-mail they deem to be objectionable and/or unsolicited e-mail and who notify ISSHosting.net of the problem.
Illegal Activity
Internet access and all other Services provided to ISSHosting.net subscribers may be used for lawful purposes only, and use by a subscriber of the ISSHosting.net for the transmission or storage of any information, data, or material in violation of any federal or state regulation or law (including but not limited to, material protected by copyright, trade secrets, and information that is confidential as a matter of law) is strictly prohibited. The user may not use ISSHosting.net to transmit or store any information, data, or material, that is threatening, libelous, or obscene.
Copyright Infringement
It is assumed that, unless otherwise specified by the sender, all data distributed on the Internet by the sender is intended to remain the intellectual property of the sender or the party who furnished such data to the sender, and each subscriber transmitting any such data (or making it available for download or other transmissions) is assumed to warrant that he or she has full ownership rights or appropriate licenses to the reports, documents, photographs, graphic images, audio files, video files and other data placed on the subscriber’s personal web pages or otherwise transmitted. ISSHosting.net subscribers are solely responsible for any actions which may be necessary to protect ownership rights in such data. Subscribers acknowledge that ISS has no control over the individuals using the Internet and that ISSHosting.net expressly does not warrant that any individuals might not make copies of or otherwise infringe upon the subscriber’s information as distributed on the Internet
Subscribers should be aware of the law of copyright as it affects computer software and other information or materials available or accessible on the Internet. A formal copyright notice need not be in evidence for legal copyright protection to be in force.
As a general rule, the subscriber is the copyright owner of any file, which that subscriber solely creates for his or her own exclusive use. Any other file is copyright either by it’s creator, by commercial vendors, or by other individual users, and it is generally illegal for the subscriber to reproduce such file in any part or in any form, except by permission of the copyright owner or under an appropriate statutory exception.
Ownership of any software developed or modified by ISS and all graphics, text or other information or content materials supplied or furnished by ISS as part of ISS or ISSHosting.net for incorporation into a user’s personal Web page in connection with the Service shall remain with ISSHosting.net (or the party which supplied such materials to ISSHosting.net).
Removing or falsifying the source or origin of software or other material contained in a file that a user has uploaded is prohibited.
Knowingly receiving or downloading a file that cannot be legally distributed is prohibited, even though a file may have been mailed or posted notwithstanding such illegality.
Notices from ISSHosting.net – Users may receive announcements from time to time form the ISSHosting.net via e-mail regarding various aspects of the Service, including but without limitation, notices of feature upgrades or changes, Service-affecting issues or events, special offers for Service from ISSHosting.net, etc.
Unsolicited E-mail
Sending mass, unsolicited e-mail by Service users is prohibited.
Using a ISSHosting.net e-mail address to collect responses from unsolicited commericial e-mail is prohibited.
Sending unsolicited e-mail advertising a service or web site, newsgroup, etc. located or hosted within the ISSHosting.net domain space or address space, or service otherwise associated with ISSHosting.net is prohibited regardless of e-mail point of origin.
Mail bombing
Sending large volumes of unsolicited e-mail to a single user, or group of users, commercial or otherwise, by Service users, is prohibited.
Harassment
Sending outrageously threatening or harassing e-mail (for example, making terroristic threats, or threatening physical injury or damage to persons or property), especially after being requested to stop, is prohibited. However, not every “flame” message or angry exchange of e-mail can automatically be considered harassment. ISS, nor ISSHosting.net is not responsible for the content or tone of any e-mail or other transmissions of the users to its Service or other parties using the Internet, and subscribers or others should not expect that ISSHosting.net will attempt to mediate or otherwise become involved in any particular disagreement or dispute between Internet users. However, ISSHosting.net will cooperate with appropriate law enforcement agencies involved in investigating instances that may be reported to such authorities by subscribers or other parties who believe they are being subjected to potentially unlawful harassment.
Other E-mail Related Issues
Subscribers also may not engage in the following activities while using the ISSHosting.net:
Intercepting, redirecting or otherwise interfering or attempting to interfere with e-mail intended for other parties;
Mailing or sending files that contain copyrighted, commercial software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless the user owns or controls the rights thereto or has received all necessary consents;
Knowingly or maliciously transmitting files that contain a virus or corrupted data;
Knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the user mails or sends;
Publishing, posting, distributing or disseminating defamatory, infringing, obscene or other unlawful material or information;
Using the ISSHosting.net or systems to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others;
Miscellaneous
Any other behavior as determined by ISS to be unacceptable, which includes any behavior deemed unacceptable by other ISPs, in violation of generally acceptable “Netiquette” practices, behavior which causes ISS to be viewed unfavorably by others, or other behavior which may cause ISS to be adversely affected by any means, including but not limited to, e-mail or news blocking, or which may cause ISS to appear on detrimental lists for spamming, etc., will be immediately terminated.