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legal information |
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terms & conditions of service |
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The following terms and conditions
(these "Terms") govern the provision by ION-E Network, L.L.C.
("Company") of the services and/or products (referred
collectively herein as "Services and Products") described on
the Service Order Form, the Service Level Agreement and Service
Exhibit attached hereto (collectively the "Service
Descriptions)
and defined in any of the Company's product support listing,
to the customer ("Customer") identified on the Service
Descriptions.
The Service Descriptions, these Terms and the attachments and
any addenda hereto, executed with respect to the Services and
Products, are referred to herein, collectively, as this
"Agreement."
By submitting the online order form, Customer hereby agrees to
the following:
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Customer agrees to pay for hosting
services rendered in advance of each monthly service term.
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Customer agrees to be bound by the
service term selected on the online order form or via
applicable promotional codes.
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Customer agrees to a no-refund policy in
advance after exceeding our 30 day refund period. Setup fees and monthly service fees are
non-refundable after 30 days of service.
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Server rental charges will be incurred
immediately at signup and are prorated by 3 days to allow for
server provisioning and delivery
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Non-Payment of services shall result in
a 10-day notice of disconnection. All payment failures must
be cured within 10 days of notice.
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Service Cancellations must be submitted
using the cancellation form located at our website at least
7 days before your next monthly billing cycle.
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Company is not responsible for data
integrity on equipment reclaimed for non-payment.
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Customer agrees to adhere to the the
Company Acceptable Use Policy.
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Customer agrees to adhere to the the
Company Data Center Rules and Procedures.
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Customer agrees not to engage in
activity that violates federal (United States), state
(Delaware) or local (New Castle County) laws applicable to
the service terms described herein.
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Company reserves the right to
discontinue service to any subscriber it deems, in its sole
discretion, violates any condition of service including the
Acceptable Use Policy, Data Center Rules and Procedures, and
Terms of Services.
The Virtual Web Server Internet
account and/or related electronic services can only be used
for legal purposes under all applicable international,
federal, provincial, and municipal laws. The intent of ION
Hosting is to provide space to serve web documents, not as an
off-site storage area for electronic files. Further, the
Account Holder agrees not to store, transmit, link to,
advertise or make available any images containing pornography.
Violations of these or any other provisions of this Agreement
may result in termination of the services provided by ION
Hosting, with or without the grant of a notice or cure period,
such notice or cure period to be granted at the sole
discretion of ION Hosting based upon the severity of the
violation. ION Hosting reserves the right to refuse service if
any of the content within, or any links from, the Account
Holder's website is deemed illegal, misleading, or obscene, or
is otherwise in breach of ION Hosting's then current
Acceptable Use Policy, in the sole and absolute opinion of ION
Hosting. Notwithstanding anything in this Agreement, the
content of the Account Holder's website is the sole
responsibility of the Account Holder. The Account Holder
agrees to indemnify and hold harmless ION Hosting from any and
all claims, losses, damages, liabilities, judgments, or
settlements, including reasonable attorney's fees, costs, and
other expenses incurred by ION Hosting, (collectively, Claims)
related to or in connection with the content of the Account
Holder's website. The terms of this Section will survive any
termination of this Agreement.
Additionally, in consideration for
hosting services to be delivered, Customer agrees to be bound
to the following terms:
1. Indemnification. Customer agrees to indemnify and
hold harmless Company and the employees and agents of Company
(each an "Indemnified Party") against any losses, claims,
damages, liabilities, penalties, actions, proceedings or
judgments (collectively, "Losses") to which an Indemnified
Party may become subject and which Losses arise out of, or
relate to this Agreement or Customer's use of the Services and
Products, and will reimburse an Indemnified Party for all
legal and other expenses, including reasonable attorneys fees
incurred by such Indemnified Party in connection with
investigating, defending or settling any Loss whether or not
in connection with pending or threatened litigation in which
such Indemnified Party is a party.
2. Limitation on Company Liability. Company shall not
be deemed to be in default of any provision of this Agreement
or be liable for any failure of performance of the Services
and Products to Customer resulting, directly or indirectly,
from any (i) weather conditions, natural disasters or other
acts of God, (ii) action of any governmental or military
authority, (iii) failure caused by telecommunication or other
Internet provider, or (iv) other force or occurrence beyond
its control. The exclusive remedy against Company for any
damages whatsoever to Customer arising out of or related to
this Agreement shall be the refund of the fees paid by
Customer to Company with respect to the then current term of
this Agreement. COMPANY SHALL NOT BE LIABLE FOR (i) ANY
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR
ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE
OF THE COMPANY'S SERVICES AND PRODUCTS BY CUSTOMER OR ANY
THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS COMPANY
PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF
ANY KIND, WHETHER EXPRESS OR IMPLIED COMPANY DISCLAIMS ALL
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE
SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS
AND COMPANY SHALL HAVE NO LIABILITY THEREFORE.
3. Arbitration. ANY CONTROVERSY OR CLAIM ARISING OUT OF
OR RELATING TO THIS CONTACT OR ANY BREACH THEREOF IN EXCESS OF
$250.00 SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE
COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION
ASSOCIATION AND JUDGMENT UPON THE AWARD RENDERED BY THE
ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION
THEREOF.
4. Notices. Unless otherwise specified herein, any
notices or other communications required or permitted
hereunder shall be sufficiently given if in writing and
delivered personally or sent by facsimile transmission,
internationally recognized overnight courier, registered or
certified mail, to the address or facsimile number of Customer
as set forth in the Service Descriptions or Company as set
forth below. Such notices or other communications shall be
deemed received (i) on the date delivered, if delivered
personally, (ii) on the date that return confirmation is
received, if sent by facsimile, (iii) on the business day (or,
if international, on the second business day) after being sent
by an internationally recognized overnight air courier or (iv)
five days after being sent, if sent by first class registered
mail, return receipt requested. ION Hosting, 1 Innovation Way,
Suite 100, Newark, Delaware, 19711, Attention Accounting
Manager, Facsimile Number (302) 292-3991.
5. Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of
Texas, without regard to choice of law provisions that would
cause the application of the law of another jurisdiction.
6. Miscellaneous. Failure by either Company or Customer
to enforce any of the provisions of this Agreement or any
rights with respect hereto or the failure to exercise any
option provided hereunder shall in no way be considered to be
waiver of such provisions, rights or options, or to in any way
affect the validity of this Agreement. If one or more of the
provisions contained in this Agreement are found to be
invalid, illegal or unenforceable in any respect, the
validity, legality and enforceability of the remaining
provisions shall not be affected. This Agreement may be
executed in any number of counterparts, each of which shall be
deemed an original, but all of which together shall constitute
one and the same instrument.
ION-E Network, L.L.C.
1 Innovation Way, Suite 100
Newark, Delaware 19711
(302) 355-1776
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