Where the content states: “We” includes Instanticity or any party acting on Instanticity’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. Instanticity reserves the right to modify this policy at any time, effective immediately upon posting of the modification to this URL: http://instanticity.com/legal-stuff/terms-of-service. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:
1. Domain Name Registration
2. Website Hosting and Email
3. Service Availability
7. Limitation of Liability
11. Denial of Service
14. Torturous Conduct
15. Cancellation of Services
Domain Name Registration
- 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.
- 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.
- 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.
- We shall not release any domain to another provider unless full payment for that domain has been received by us.
Web Site Hosting and Email
- 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.
- You shall effect and maintain adequate insurance coverage in respect of any loss or damage to data stored on the Server.
- 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:
- 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.
- you will not post, link to or transmit:
- any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable as determined by Instanticity in any way.
- any material containing a virus or other hostile computer program.
- 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.
- 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.
- 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.
- If you surpass your allotted disk/bandwidth usage as set forth in your purchased plan, you agree to purchase the excess in blocks as set forth in our “plans” section. Such payment to be immediate and non-disputable.
- 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.
- 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.
- 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.
- You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
- 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.
- It is contrary to Instanticity 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 Instanticity provided server, or using a Instanticity provided server as a mail drop for responses.
- To falsify user information provided to Instanticity or to other users of the service in connection with use of a Instanticity service.
- Consequences of Violation:
- When Instanticity becomes aware of an alleged violation of its Acceptable Use Policy, Instanticity will initiate an investigation. During the investigation Instanticity may restrict Member’s access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, Instanticity 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, Instanticity will notify the appropriate law enforcement department of such violation.
- You shall be held liable for any and all costs incurred by Instanticity 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. Instanticity’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.
- Instanticity does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
- Any access to other networks connected to Instanticity must comply with the rules appropriate for those other networks
- 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.
- You may cancel the Services at any time by logging into the Ticket Desk Support System (for verification) and requesting cancellation of services.
- 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.
- 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 expected to last for more than 7 days you will be notified of the reason. We also reserve the right to disallow services/hosting to any client as we feel necessary and hold no liability. Also please note that we do not offer any sort of compensation on our network uptime guarantee.
- 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.
- 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.
- 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 Instanticity to debit your account renewal fees from your card.
- All payments must be in US Dollars and are payable via ACH or Credit Card.
- If your check is rejected for any reason, you will be liable for a “returned check” charge of $20. If authorized to mail in payment, your check MUST be made payable to Stephanie Pleasants just as each invoice states. Failure to do so may result in the inability to deposit your check and a “returned check” fee will apply.
- 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.
- Customer must pay in full for Services before Instanticity LLC begins to provide Services to the Customer. Service and Products invoices are generated and are payable upon checkout. Web Design invoices will be generated immediately following agreed upon payment dates. All recurring invoices are generated 14 days and 3 days before renewal.
- A late fee of 1% will be charged if your invoice has not been paid 14 days after your due date.
- For hosting clients, your account will be suspended if any invoice has not been paid 30 days after your due date.
- Once suspended, you will incur a fee of $5 to reinstate your account.
- If you have not submitted payment 45 days after your due date, your account will be terminated and all files deleted. It may be possible to have your website reinstated for a $50 fee IF a copy of the files exist somewhere. I make no guarantee to retain a copy of your files.
- If this continues to happen you may be asked to find other hosting arrangements.
- For non-hosting clients, an additional 1% late fee will be added if your invoice has not been paid 14 days after your due date. No additional work will be done until your overdue invoice has been paid. Any services being provided will be canceled and can be reinstated after a $5 reinstatement fee has been paid.
- License keys may be revoked immediately if invoice is not paid before due date. Late fees will still occur as outlined above.
- If you choose to use Paypal’s Subscription Payment feature you MUST ensure you have subscribed to the correct subscription payment amount with a payable date prior to your recurring invoice due date. You are responsible for canceling this payment when services are terminated. Your payment must arrive between invoice date and due date or your subscription will be canceled. If you have a subscription in place, it must be canceled before any hourly work will be done for billing purposes. I will cancel any subscription payments if I see any billing issues at any time.
- 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. No refunds will be issued.
- If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you. No refunds will be issued.
- 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. No refunds will be issued.
- 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 prorated refund based upon the remaining period of membership.
- You may cancel the Services at any time by logging into the Ticket Desk Support System (for verification) and requesting cancellation of services.
- During the first 30 days of Services, You are entitled to a refund of fees paid with the exclusion of domain name registration, data transfer fees, processing fees and excessive support requests should you decide to cancel the Services for just cause. Instanticity 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.
- After 30 days any refunds will be prorated after fees listed above are excluded.
- You will not be entitled to a refund on these bases if you have previously had an account with Instanticity under any plan or service.
- Allow 30 (thirty) days for refund payments to process. If you have not received refund within this time allotment; please contact us.
- Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.
- 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.
- 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.
Limitation of Liability
- 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.
- Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
- 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.
- In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.
- 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.
- 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 be assessed a surcharge as set forth in our pricing structure.
- any indirect, incidental, special or consequential damages, punitive or exemplary damages, or for any loss of profits, loss of revenue, loss of use, or loss of data resulting from the use of Instanticity’s services by customer or by any third parties, regardless of the form of action or theory of liability, or
- any loss of data resulting from delays, nondeliveries, misdeliveries or service interruptions.
- 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.
- 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 our Support Team. 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.
- The support feature of our service at present time consists of our Support System solving server related problems only.
- If you require support for your scripting, there are several online tutorials available we can help you find. You may purchase our technicians’ services at the rate of $80 per hour, with one half hour minimum billed. We reserve the right to ammend this fee at any time.
- Support can only be addressed in English through our Support System.
- All Support requests are to be processed through our Support System. Any other request for support, except as noted in Section 9.5, will be considered a breach of our TOS.
- In the event of a server outage or other such emergency, you are free to contact us in any manner.
- In order to allow us to provide the best service to you, Instanticity accounts are backed up daily and weekly. However, these backups are intended for Instanticity’s administrative purposes only, to allow us to provide excellent service to our customers. As part of its commitment to first-rate customer service, Instanticity always seeks to create complete and accurate backups of customer accounts.
- Even the best and most complete and redundant backup systems can and do fail for a variety of reasons, despite the best efforts of the Web hosting service. THEREFORE, Instanticity DOES NOT GUARANTEE THE AVAILABILITY, COMPLETENESS, CURRENCY, OR INTEGRITY OF THESE BACKUPS OR THE DATA THEY CONTAIN. Consequently, you must not rely upon the availability, completeness, currency, or integrity of these backups.
- Customers are responsible for maintaining their own backups on their own personal computers or other computers.
- Instanticity does not provide any sort of compensation for lost, inaccurate, incomplete, or outdated data in the event that Instanticity’s backups do not function properly, regardless of the reason(s) for any such malfunction, even if the malfunction was due to the fault or negligence of Instanticity or any of its employees or agents, and regardless of whether Instanticity had been informed of the possibility of such malfunction, or any fault or negligence that might cause it.
- In the event that you need to recover data from a backup, Instanticity will use reasonable efforts to restore data to your account from the appropriate backup. HOWEVER, PLEASE NOTE THAT THIS SERVICE IS INTENDED TO COMPLEMENT YOUR OWN BACKUPS TO YOUR OWN COMPUTER, AND IS NOT A SUBSTITUTE FOR THOSE BACKUPS. AGAIN, Instanticity DOES NOT GUARANTEE THE AVAILABILITY, COMPLETENESS, CURRENCY, OR INTEGRITY OF ITS BACKUPS.
- You understand and agree that Instanticity’s backup policy does not create any warranties for whose breach Instanticity can be held liable.
Denial of Service
- Instanticity reserves the right to refuse or discontinue service to anyone at our sole discretion.
- This Agreement shall be governed by and construed in accordance with United States law and the laws governing the state of Texas. You hereby submit to the non-exclusive jurisdiction of the U.S. courts.
- Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
- 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.
- Any abuse towards any Instanticity employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner. When emailing Instanticity or utilizing the Ticket Desk Support System refrain from using caps, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behaviour aimed at Instanticity or it’s employees shall be considered a violation of this TOS.
- Any threat; whether verbally, orally, written, or delivered by second parties directed towards Instanticity or any of it’s employees, partners, equipment, and concerns shall be construed as a violation of this TOS.
- Any conduct viewed as violating this section shall be considered a violation of this TOS. Instanticity will be the sole arbitrator in regards to what is deemed a violation.
- No refunds shall be given when the contents of this section necessitates removal of the account.