Web Hosting – Acceptable Use Policy (AUP)
This Acceptable Use Policy (the “Agreement”) sets forth the terms and conditions of Your Use of hosting and related services (“Services”). In this Agreement “You” and “Your” refer to You, as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf. “We”, “us” and “our” refer to ITG Host, Inc., as well as its subsidiaries and sister companies (“ITG Host”). This Agreement explains Our obligations to You, and explains Your obligations to Us for various services offered by ITG Host. When You Use Your account or permit someone else to Use it to purchase or otherwise acquire access to additional ITG Host service(s) or products or to cancel Your ITG Host service(s) (even if We were not notified of such authorization), this Agreement covers such service or actions. ITG Host’s Terms of Service agreement (“TOS”) is incorporated herein by reference and is applicable to all Services under this Accepted Use Policy.
- Sharing of Information.
- User Obligations.
You represent and warrant to ITG Host that: Your content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that You own Your account content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your server account. You also represent and warrant that the server content being hosted by ITG Host shall not be used in connection with any illegal activity.
You expressly (i) grant to ITG Host permission to cache the entirety of the content that is submitted, stored, distributed or disseminated by you via the Services and your website, including content supplied by third parties, hosted by ITG Host under this agreement; and (ii) agree that such caching is not an infringement on any of your intellectual property rights or any third party’s intellectual property rights.
- Network Interruptions.
ITG Host will use its best efforts to maintain a full time Internet presence for Your account. You hereby acknowledge that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall ITG Host be liable to You for any damages resulting from or related to any failure or delay of ITG Host in providing access to the Internet under this Agreement. In no event shall ITG Host be liable to You for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of ITG Host under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive the termination of this Agreement.
This Agreement applies to all accounts, sub-accounts, and alternative account names associated with Your principal account. You are responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A ITG Host account may not be transferred without prior written approval from ITG Host.
- IP Address.
ITG Host assigns to You an Internet Protocol (“IP”) address in connection with Your use of the ITG Host services. The right to use that IP address will remain with and belong only to ITG Host, and You will have no right to use that IP address except as allowed by ITG Host in its sole and absolute discretion.
- Payment Terms:
You may receive a refund if: i) Your account is cancelled within the initial 30 days after sign-up. Only first-time Business accounts are eligible for the 30-day money-back guarantee. If the account holder cancels after the time period specified, there will be no refund given. Refunds do NOT apply to dedicated IP addresses, SSL certificates, renewals, any third party product (WHMCS, cPanel, Softaculous, etc.) that are not included into the package and are purchased at additional fee, domain registration related fees; (ii) Your Dedicated Clearance Server or Dedicated New Server account is cancelled within the initial 7 days after sign-up. Only first-time Dedicated Server accounts are eligible for the 7-day money-back guarantee. If the account holder cancels after the time period specified, there will be no refund given. Refunds do NOT apply to dedicated IP addresses, SSL certificates, renewals, any third party product (WHMCS, cPanel, Softaculous, etc.) that are not included into the package and are purchased at additional fee, domain registration related fees.
ITG Host may temporarily deny service or terminate this Agreement upon Your failure to pay charges when they become due. Such termination or denial will not relieve You of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
If Your account becomes overdue, the account will be suspended. And it won’t be reactivated until the outstanding balance is paid in full. If outstanding balance is not paid by You within 30 days after Your hosting account’s billing date for shared hosting accounts and within 7 days for VPS and dedicated servers ITG Host reserves the right to terminate Your services for non-payment.
If an account is found to be in violation of the Terms of Service it will be terminated immediately and all payments forfeited.
For closed accounts there is a $30.00 per incident charge for all inquiries regarding previous services and or support.
Backups of new/changed data are made weekly for shared and reseller servers. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. For internal backups are performed twice a week. For Plus and Business Plans, the free AutoBackup tool via cPanel automatically backs up your website data with access to daily, weekly and monthly backups. If loss of data occurs due to an error of ITG Host, We will attempt to recover the data for no charge to the client. If data loss occurs due to negligence of a client in securing their account or by an action of the client, ITG Host will attempt to recover the data from the most recent archive for a $30.00.
Clearance Server Subscription is to be renewed via automatic renewal option with a designated credit card only. Automatic renewal option must be enabled prior to the renewal date. In the event the auto-renew option is disabled, the Subscription will be cancelled on the renewal date and Your server content will be permanently deleted. In the event the auto-renew option is enabled, but the attempt to automatically renew Your Subscription failed as a result of a decline of Your credit card, the Clearance Server Subscription will be suspended and the email notification will be sent to You accordingly. ITG Host will try to charge Your credit card for an additional 4 days after the billing date, once a day. After five consecutive failed attempts to renew the Clearance Server Subscription, the server will be canceled and Your server content will be permanently deleted. In the event You order any additional services or licences to Your Clearance Server Subscription, Your designated Credit Card will be charged for the prorated amount for the current billing period.
- Secure Shell (“SSH”) Access.
You may enable SSH access in Your account, or by contacting our Support team. Upon completion of said terms You will be granted Jail access to the system on a provisionary basis any misuse of the system will result in access being revoked. The use of php or any other means to circumvent this policy will result in immediate account termination.
- Prohibited Activities.
By using any Services, provided by ITG Host You agree:
not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.
not to make any illegal communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
not to make, attempt or allow any unauthorized access to ITG Host website, servers, your own hosting account or the account of any other customers of ITG Host.
not to allow any remote code execution of malicious software through the hosting account provided by ITG Host.
not to cause denial of service attacks, port scans or other endangering and invasive procedures against ITG Host servers and facilities or the servers and facilities of other network hosts or Internet users.
not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
not to use ITG Host services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; contain nudity, pornography or other content deemed adult related; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person’s property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain lottery, gambling, casino; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence.
not to upload unacceptable material which includes: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc), bitcoin miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
not to engage in or to instigate actions that cause harm to ITG Host or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, etc. ITG Host reserves the right to refuse service to anyone upon Our discretion. Any material that in ITG Host judgment, is either obscene or threatening is strictly prohibited and will be removed from ITG Host servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, ITG Host will take corrective action upon our own discretion and will notify You. ITG Host decision in such case is binding and final, and cannot be a subject of a further change. ITG Host cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to ITG Host or any other third party. We have the right to terminate each and any hosting account that has been suspended for any reason for more than 14 calendar days after the suspension date, unless You has taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. ITG Host will not be liable for any loss or damages in such cases.
not to violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription.
At its discretion, ITG Host can remove any content we determine to be prohibited by this agreement or our Terms and Conditions. No backups will be kept of removed content.
- Email and Anti-spam Policy.
You must comply with the CAN-SPAM Act of 2003 and all relevant regulations and legislation on bulk and commercial email. You are prohibited from sending mass unsolicited email messages. All emails sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from You will be considered as unsolicited email messages. You using and sending mass mailings must at all times maintain complete and accurate records of all consents and opt-ins and upon request provide said records to ITG Host. In the event that You cannot provide actual and verifiable proof of such consents and opt-ins, We will consider the mass mailing to be unsolicited. ITG Host prohibits the following activities listed without limitation hereunder:
Usage of the ITG Host network and systems to receive replies to unsolicited mass e-mail messages.
Forgery of e-mail headers (i.e.”spoofing”).
Spamming using third-party proxy, aggregation of proxy lists, or proxy mailing software installation.
Configuring a mail server to accept and process third-party emails for sending with no user identification and/or authentication.
Hosting web pages advertised via “spam e-mail” sent from another network (“spamvertising”).
Hosting any web pages or providing any services that support spam.
Using weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-ups, instant messages or text/SMS messages for sending, posting or transmitting unsolicited bulk messages.
Advocating any activities, prohibited by the Acceptable Use Section of this Agreement.
If we determine that you have deliberately or recklessly used our hosting services for the sending of SPAM e-mail messages, we reserve the right to assess a $500 charge upon your account, which shall serve to compensate us for increased administration costs and expenses of redressing SPAM-related activity. You agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity, we may assess the fee entirely at our discretion. The fee will be charged to your account, in accordance with the payment information submitted by you as part of your acquisition of our services. You further agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity we may share information regarding your activities, including but not limited to your identity, with the various anti-SPAM organizations and/or blacklists.
We take all SPAM issues extremely seriously and will take redress such activity whenever we deem necessary.