Acceptable Use Policy and Terms of Service
This Acceptable Use Policy constitutes an Agreement between IVerve and it's account holders ("Customers") and System Users. This Agreement applies to all IVerve Customers and all users of IVerve servers, including FTP access account holders and all users accessing any World Wide Web server hosted on IVerve servers and related systems ("System Users"). This Agreement represents the complete agreement and understanding between IVerve and its Customers and System Users and supersedes any other written or oral agreement. Upon notice published on-line via IVerve's web site, (http://www.IVerve.COM) IVerve may modify the terms and conditions of this Agreement. IVerve reserves the right to discontinue or change services offered.
USE OF YOUR ACCOUNT CONSTITUTES YOUR APPROVAL AND ACCEPTANCE OF THIS AGREEMENT. ACCEPTANCE OF THIS AGREEMENT IS A CONDITION TO USE OF THE IVerve SYSTEM AND OR IVerve UPSTREAM PROVIDERS.
Terms and Conditions and Acceptable Use
1. Limitation of Warranty
IVerve makes no warranties of any kind, whether express or implied, for the service it is providing. IVerve also disclaims any warranty of merchantability or fitness for a particular purpose. IVerve will not be responsible for damages suffered by any Customer, including, without limitation, incidental or consequential damages or lost profits. This includes loss of data resulting from delays, non-deliveries, misdeliveries, system failures or service interruptions caused by any source whatsoever, including IVerve's own negligence, subscriber's errors or omissions, or due to the fault of third parties. Customers understand and agree that IVerve undertakes no obligation to maintain, protect or safeguard Customer's data stored on any IVerve equipment and Customer agrees to accept responsibility for maintaining backup copies of all such data. Customer agrees to upload and store data to IVerve equipment at Customer's own risk and Customer expressly assumes such risk.
2. Compliance with Law and Intellectual Property Rights
Customers and System Users agree that all services provided by IVerve will be used only for proper legal purposes and in a lawful manner. Transmission or publication of any information, data or material in violation of any European or international law or regulation is strictly prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret law or any other law, as well as threatening, offensive, harassing, obscene or pornographic material or content. Customers and System Users warrant that any data uploaded for publication on IVerve's web servers does not violate or infringe any copyright , trademark, patent, statutory common law or proprietary interest of others or contain anything obscene or libelous.
3. Removal and Destruction of Illegal or Offensive Data
Customers and System Users agree that IVerve shall have the absolute right to remove any and all materials which, in the sole and unrestricted discretion of IVerve, violate law or fail to conform with this Agreement and the acceptable uses described herein. Such materials may be removed and destroyed at any time, without prior notice.
Customers agree to take full responsibility for claims and/or damages that may occur to themselves and/or any third parties resulting from their actions and/or materials and content.
Examples of unacceptable content or links:
Pirated software / cracks / serial numbers
Hacking tools / programs / archives
Warez Sites
Hate Sites
IVerve will be the sole judge as to what constitutes a violation of these guidelines.
4. Indemnity
Customers and System Users agree to defend, hold harmless and indemnify IVerve from any liability, claim, loss, damage or expense arising out of the Customer's or System User's breach or violation of any term, condition or covenant contained in this Agreement or resulting from the use of any IVerve system, network or service.
5. Use of Network Access
IVerve web server accounts cannot be transferred or used by anyone other than the IVerve Customers or authorized System Users. Customers and System Users may not sell, lease, rent or assign an Internet connection or parts of the connection to any party without the express, prior written approval of IVerve. Use of Network bandwidth is expected to be reasonable and moderate. IVerve reserves the right to imposs additional charges for use of Network bandwidth in excess of reasonable or allocated amounts. Customer will recieve advanced notice of IVerve's intent to impose any such charges.
6. Account Cancellation
IVerve reserves the right to cancel service for any reason without prior notice. In case of cancellation, unused fees for the current month will not be refunded or pro-rated. Customers must notify IVerve in writing to cancel service.
To cancel an account you may email the request to: CANCELLATIONS@IVerve.COM , whereafter your account will be cancelled immediately and any outstanding fees reimbursed after you are contacted for verification to this effect.
7. Age restrictions
IVerve requires that its agreements be made with a person who is qualified to contract. As such, Customers must be over the age of eighteen (18) years. Otherwise, a parent or guardian must accept this agreement and assume responsibility for payment of IVerve services and for Customer's compliance with this Agreement.
8. Disruption of Network Services, Excessive Use
Customers and System Users shall ensure that use of IVerve's network services shall not disrupt IVerve, its associated networks or equipment forming part of IVerve's or the internet's systems. Customers and System Users shall not transmit any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulation or would likely be offensive to the recipient thereof. No message may be mass distributed, "broadcast," or otherwise sent on an intrusive basis to any IVerve user or to any directly or indirectly attached network. Use of IVerve's Internet connection in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by IVerve shall be considered a breach of this Agreement and may result in cancellation of service. It is not acceptable to use IVerve's services and facilities to interfere with or disrupt other network users, services or equipment. Such interference or disruption includes, but is not limited to: - improper, harassing or offensive distribution of unsolicited advertising, - excessive newsgroup cross-posting, - transmissions of any type or quantity that causes disruption of service to others, - propagation of computer worms or viruses, - use of the network to make unauthorized entry to other computer networks, information or communications devices or resources, - sustained, excessive use of IVerve's equipment or network connection without prior arrangement with IVerve.
9. Automated Software and Connections
The installation, compiling, use, or implementation of any of the following are prohibited without express permission: Robots, Bots, Mail Bombs or Attacks, Spamming of any kind, etc. Any process that causes excessive use of system resources to the point where other users may be affected is strictly prohibited. Software may not be installed on or compiled on any IVerve server without prior explicit permission. The use of any unattended connection software is prohibited without prior permission. Any violation may result in immediate termination of service.
10. Unsolicited Email (SPAM)
SPAM refers to the sending of unsolicited email to one or more email addresses from our mail servers. SPAM also refers to referencing an email address hosted by IVerve servers in the headers and/or the body of a SPAM email. The use of SPAM for commercial or non-commercial purposes is strictly prohibited and anyone found to be in violation of this will incur a penalty of no less than 100 euros per SPAM complaint, and the suspension of the offending account.
If a customer causes an IP address being used by IVerve to be black listed in a SPAM database the customer agree to pay an administrative fee of 100 euros a day until the problem is resolved
Refund Guaranteed SLA
This guarantee in no way replaces the TOS or AUP.
In the event that network connectivity ( colocation and dedicated server customers ) or your websites ( All reseller amd clustered customers ) for your service plan are unavailable for more than 0.1% of time in any calendar month, one full day's service credit will be awarded for each 2 hour period of downtime beyond the 0.1% threshold. The maximum credit awarded in any calendar month will not exceed 100% of that month's hosting fees excluding extra or unsual bandwidth usage.
This does not included customer errors such as file deletion , non renewal or change of a domain or other customer sided failures or DOS or security attacks.
The guarantee only covers where IVerve has failed to keep your website up due to its own failure of servers or networks.
All claims for credit under this guarantee must be sent by email to Admin@IVerve.COM and should be received no later than 7 days after the incident to which they relate.
|
