iHostSouth's Terms of Service applies to all content and clients within the iHostSouth network.

 

Ordering

Please read the following Terms Of Service agreement, as these terms take effect upon payment and remain binding throughout the relationship. These policies are designed to protect the best interests of our customers as a whole. iHostSouth's policy is to act as a neutral provider of access to the global Internet. We reserve the right to suspend or cancel a customer's access to any or all services provided by us if it is decided that the account has been inappropriately used.

All hosting services are intended for the end user only and may not be subleased, sold or given to third parties.

Any products and services to be provided to Client will be at a professional level of quality conforming to generally accepted industry standards and in compliance in all material respect with all applicable laws and regulations. Except as otherwise expressly provided in this agreement, iHostSouth does not make, and hereby disclaims any and all other warranties, expressed or implied including any and all warranties of merchantability or fitness for a particular purpose.

Clients are responsible for frequently backing up their files on our system. iHostSouth cannot be held responsible for the deletion of users' files, whether intentional or unintentional.

Authorization of Charges

iHostSouth will bill for services rendered which are due within seven (7) days. Client agrees to charges and will pay within seven (7) days.

iHostSouth may discontinue service for failure to make payment for initial fees or for any re-occurring fees thereafter. iHostSouth reserves the right to refuse, suspend, or cancel service pending receipt of a valid payment.

 

Content Restrictions

All services provided by iHostSouth may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States federal, state, or local law is strictly prohibited. This includes but is not limited to copyrighted or trademarked material and material protected by trade secret.

Warez Policy: Actual files, including but not limited to pirated software, hacker programs, cracks, and MP3 files, are strictly prohibited from being stored on any iHostSouth servers.

Examples of unacceptable content include, but are not limited to the following:

iHostSouth reserves the right to remove any material from Client's web space that is reasonably deemed unacceptable by us.

iHostSouth reserves the right to terminate Client's account without refund at our discretion if said material is discovered.

iHostSouth is the sole arbiter as to what constitutes a violation of the above provisions.

No site may use more than 15% of the total server output at any given time.

iHostSouth reserves the right to suspend any client which violates our Terms Of Service.

Spam Policy

iHostSouth servers may not be the source, intermediary, or destination address involved in the transmission of Spam, Spam-ware, and other Spam Software or misuse of SMTP. Client's domain or IP may not be referenced as originator, intermediary, or reply-to address in any of the above.

iHostSouth considers Spam to be any mass unsolicited message in the mediums of newsgroups and e-mail.

The actions stated above will not be tolerated. Violation will result in the immediate deactivation of services without refund of any kind. Furthermore, a fine of two-hundred (200) US dollars will be imposed for each spam policy violation. iHostSouth is the sole arbiter as to what constitutes a violation of the above provisions.

Server Abuse

Any attempt to undermine or cause harm to a iHostSouth server or another iHostSouth Client is strictly prohibited.

Any attempt to undermine any iHostSouth web site or a web site of another iHostSouth Client is strictly prohibited and may result in immediate termination of services rendered by iHostSouth without refund. iHostSouth is the sole arbiter as to what constitutes a violation of the above provisions. A fine of three-hundred (300) USD may be implemented for intentional server abuse.

Indemnification

Client agrees that it will defend, indemnify, and hold harmless iHostSouth from any and all demands, fines, liabilities, losses, costs, claims, and expenses, including attorney's fees, asserted against iHostSouth, its employees, officers, agents, and directors that may arise or result from any service provided or performed, or agreed to be performed, or any product sold by Client, its employees, officers, agents, and directors.

The Client agrees that it will defend, indemnify, and hold harmless iHostSouth against any liabilities, including but not limited to, those arising out of (1) any injury to person or property caused by any product sold or service rendered or otherwise distributed in connection with iHostSouth's servers; (2) any material supplied by the Client infringing upon or allegedly infringing upon the proprietary rights of a third party; (3) copyright infringement; and (4) any defective products sold to the Client's customer from iHostSouth's servers.

iHostSouth assumes no liability of the Client for failure to follow this Agreement and any results caused by the acts, omissions or negligence of the Client, sub-contractor or an agent of Client or an employee of any one to them, including, but not limited to, claims of third parties arising out of or resulting from or in connection with the Client's products, messages, programs, caller contracts, promotions, advertising, infringement or any claim for libel or slander or for violation of copyright, trademark or other intellectual property rights.

Disclaimer

iHostSouth will not be held responsible for any damages you or your business may suffer. iHostSouth makes no warranties of any kind, expressed or implied, for services rendered. iHostSouth disclaims any warranty or merchantability or fitness for a particular purpose. iHostSouth assumes no liability for disruptions or improper operation of its equipment or software for any reason, including, but not limited to, vandalism, theft, phone service outages, Internet disruptions, human error, extreme or severe weather conditions or any other causes in the nature of "Acts of God" or force majeure. iHostSouth will not be responsible for consequential damages or punitive or exemplary damages under any circumstances. In no case will Client be entitled to recover damages from iHostSouth.

Term

The term of this Agreement will continue until a notice of cancellation by iHostSouth or Client is given, or until terminated under other provisions of this Agreement. iHostSouth reserves the right to terminate this Agreement with cause upon notification to the Client. iHostSouth may further terminate this Agreement immediately without notice at any time the Client breaches any part of this Agreement, or if any program or facility used by iHostSouth to implement this Agreement is disrupted or terminated for any reason.

These policies may be modified or changed by iHostSouth at any time.

 

Presumption of Agreement

By signing up with iHostSouth and making payment of fees, Client (1) authorizes iHostSouth to take the actions necessary in order to setup Client's account, including charging credit card, if applicable, supplied by Client at time of sign up; and (2) agrees to each and every provision set forth in this Agreement and shall hold to said Agreement in the court of law.

Default

In the event Client defaults in any provision or fails to perform pursuant to this Agreement, iHostSouth will be entitled to damages, costs, and attorney's fees from the Client.

Invalid or Non-enforceable Provisions

The invalidity or non-enforceability of any provision of this Agreement, as so determined by a court of competent jurisdiction, will not affect the other provisions hereof, and in any such occasion this Agreement will be construed in all respects as if such invalid or non-enforceable provision were omitted. This agreement constitutes the entire agreement between the parties hereto.

Choice of Law / Venue

This Agreement will be construed and enforced in accordance with the laws of the State of AR and the venue for any action, dispute or proceeding with respect to this Agreement will be AR.

Domain Agreement

iHostSouth may provide new top level domain name for new clients as requested by them.  The domain will fall under the ownership of iHostSouth and registered to iHostSouth representative.  Annual fee for domain name registration shall be passed  through to client, along with addition of any handling fee.  Should Client decide to switch hosting providers or otherwise transfer domain name registration, client agrees to pay iHostSouth the amount requested by iHostSouth to transfer registration to Client or Client representative.

 

Email / Mailing List Policy

Server's which are for mailing only are disallowed on iHostSouth's network. A mailing only server is defined as a dedicated/colocated server whose primary purpose is sending email over SMTP. iHostSouth's network is monitored through multiple feedback loops and may terminate, without prior warning, a server which has a high complaint ratio including servers that may be CAN-SPAM compliant. Running a single opt in, opt out only, or any other non-double opt in mailing list will result in server termination.

1) Mailing lists must be double opt in lists.
2) Messages must have clear removal instructions and valid headers.
3) Removal requests must be completed within 24 hours.
4) Messages must include details on how the user subscribed. These details must be provided to iHostSouth on our request.
5) Excessive complaints may result in account termination.
6) iHostSouth reserves the right to charge $300 fee for IPs which are blacklisted due to failing to adhere to iHostSouth policies.
7) Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at: http://www.spamhaus.org will result in immediate account termination.

Abuse Complaints

All abuse complaints must be responded to no later than 48 hours after the complaint is made. Failure to reply may result in account termination. iHostSouth reserves the right to remove files which do not adhere to our terms of service, local, state, or federal laws.