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iTempo Hosting Terms & Conditionsrevised April 1, 2000
Physical Server Connection, Access and Liability
Your Hosted web site will be connected to the internet on a 24-hour-a-day, 7-day-a-week basis, with the exception of scheduled maintenance downtime. We will use our best efforts to provide uninterrupted physical server connection and access, except for scheduled maintenance downtime and any interruption to physical server connection and access beyond our control caused by, for example, acts of nature, third-party equipment or transmission failures, or security breaches. iTempo shall not be liable for any claims or damages which may be suffered by customer or it's customers, whether or not caused by iTempo servers and/or our services.
Public Nature of Internet. Please understand that all information submitted on your web site shall be considered publicly accessible. Important and private information should be protected by you. We are not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider that you may use.
Web Site Back-up. You are responsible for keeping a copy of your most current web site files as a back-up on your system. We are not responsible for any lost files, information, or data. iTempo does not posses a copy of any clients web site.
Activities Subject to Immediate Deactivation
Unsolicited Electronic Mail. Unsolicited email messages ("junk mail" or "spam") originating from your hosting account or associated with any website hosted on our servers is strictly prohibited. This includes, but is not limited to, bulk-mailing of commercial advertising, information announcements, political tracts, and any email that promotes web sites hosted on our servers (even if it is sent from an email address not associated with your account). Such material may only be sent to those who have specifically requested it. Any obscene, inflammatory, malicious, harassing or threatening email is also prohibited. MUDDS, Listservers or any other Internet application that are not web site specific, are prohibited. We reserve the right to immediately deactivate your use of our service if we discover any of the above such activity iTempo determines to be inappropriate. Further, you agree to indemnify and hold us harmless from any claim resulting from your use or distribution of electronic mail services through the service provided through this Agreement.
Illegal, Abusive or Unethical Activity may be immediately deactivated by us without warning to you. Illegal, Abusive or Unethical Activities include, but are not limited to, pornography, obscenity, nudity, violations of privacy, hacking, computer virus, gambling, or promotion of gambling, warez sites, violations of copyrights and trademarks, violations of U.S. laws, and any harassing or harmful materials or uses, as determined by iTempo to be inappropriate. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials. We are not required to give notice before deactivating your use of our services if, in our discretion, your use is or results in Illegal, Abusive or Unethical activities.
Excessive CPU Usage. Hosting Accounts which use, in our discretion, CPU processing capacity on the physical server in excess of the designed processing capacity will be subject to immediate deactivation. Although we will make reasonable efforts to alert you to such activities and allow you an opportunity to cure them within a 12-hour period after discovery, we are not required to give notice before deactivating your use of our services in our discretion.
System abuse. Hacking our systems, installing continuously running programs, and reselling CGI scripts are cause for immediate deactivation of your hosting account. You are prohibited from violating or attempting to violate the security of our networks.
If any of the above Activities Subject to Immediate Deactivation agreement violations should occur, iTempo reserves the right to terminate the account without any refunds or notice. The agreement violating client will be held responsible for any damages to iTempo's system, server, connectivity, reputation, business, service, network, operations, or equipment. You will not be reimbursed. We reserve the right to delete the policy violating web site content without notice. iTempo has the right to refuse service and/or access to it's servers to anyone. The web site's hosted on our servers may be used for lawful purposes only.
Billing and Payment Policies
All fees are due in advance of the services provided. You will pay us a monthly, quarterly or annual fee for the hosting services we provide under this Agreement according to our current Virtual Hosting Price Schedules. iTempo only accepts credit card, check, and money order payments in $US dollars. Service is activated only after receipt of payment. All InterNIC (Network Solutions) fees are separate from iTempo costs and it is the customers responsibility for timely payments to InterNIC (Network Solutions) for domain name ownership. Additional features and upgrades can be obtained and will be charged and added accordingly on the next month of service. The Hosting Service payments are subject to adjustment, with notice, according to the current Hosting Price Schedule.
Set-Up Fee. Valid only for the Virtual Servers - there is a one-time setup fee which is non-refundable.
Payment Reminders. The "billing contact" client will be sent by email a payment reminder on the 10th of the same month of payment due. This is a courtesy, if you do not receive a payment reminder, the hosting service fee is still due and payable by the 20th of the month owed. No bills or invoices will be sent by postal mail or fax.
Non-payment, Late Payment And/Or Insufficient Funds, Reactivation. Your account will be deactivated if payment is not received, if payment was returned for insufficient funds, or credit card declined 10 days after the payment due date. "Past due" meaning payment has not been received before the 20th of the month due. Payments that are past due are subject to a $5.00 late charge. If a payment is returned for insufficient funds, you will be responsible for any bank charges. Accounts that have been deactivated are subject to a new set-up fee upon reactivation including ALL hosting plans in the amount of $25.00 prior to reactivating. If account was terminated due to policy violations, we will not reactivate the account, or refund.
Terminating Account. In the event you cancel your service, you will be charged in full for the entire month in which you cancelled your service. You will be refunded the remaining amount paid if applicable. Refunds for annual payments plans that are cancelled midterm will be computed at the corresponding monthly rate. All cancellations are to be requested via email indicating a specific date or immediately. At date of cancellation, you are responsible for transferring your web site beforehand. iTempo reserves the right to delete the web site contents after indicated cancellation date.