By
using our services you agree to the following terms
and conditions:
iCANx Web Hosting reserves the right to change this
Policy at any time. iCANx Web
Hosting provides web hosting to many clients, and
we have a responsibility to protect each client and
to provide the best services available. The following
guidelines were designed to ensure these obligations
are met.
Payment Policies,
Fees, Refunds and Terms of Agreement:
Full payment is required before any hosting service
is rendered, including renewals. All payment-due notices
will be sent by electronic mail. No bills or invoices
will be sent by postal mail or fax. Prepayment is
due each anniversary (one month, three month, six
month, one year, two years) following the date the
account was established. Billing will continue until
you cancel your hosting account. You may cancel at
anytime. As a policy, we do not offer credits or refunds
for hosting time already expended.
We do give refunds
for full months unused, should you want to cancel
prepaid service. If you decide to cancel after prepayment,
you will not receive a refund for the current month
in use (We do not give partial months refunds). If
you have prepaid and received a multi-month discount,
upon cancellation we will figure the refund retroactively
withdrawing the discount back to the start date of
the contract. This will result in paying full undiscounted
price for the months used and refunding the balance.
This only applies to cancellation by the client. If
cancellation is done by iCANx Web Hosting due to restrictions
violation, there will be no refund. iCANx Web Hosting
will only allow for the discount if cancellation is
not the fault of the client, as determined by iCANx
Web Hosting. All monetary transactions are in $US
dollars. Additional features can be added at any time.
Monthly feature prices are not prorated. iCANx Web
Hosting reserves the right to change prices at any
time.
Account Cancellation:
You may cancel at anytime. Phone requests will not
constitute acceptance of any cancellation. To cancel
your account, please contact Customer Service from
withing the Account Manager. Notification
of cancellation must be received at least five business
days prior to your cycle date, with the cycle date
being the day of the month you sign up, in order to
avoid charges in full for the next cycle. It is the
Client's Responsibility to secure email confirmation
from iCANx Web Hosting that account has been cancelled.
If the client has not yet received email confirmation
of account cancellation, then the account remains
active, and you will continue to be invoiced.
If Client has a balance
due at the time of cancellation, this balance must
be paid in full. Cancellation does not absolve Client
of any outstanding financial obligations.
Acceptable Use Policy
and Service Guidelines
Content:
All services provided by iCANx Web Hosting 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
City law is prohibited. This includes, but is not
limited to: copyrighted material, material we judge
to be threatening or obscene or material protected
by trade secret and other statute, and invasion of
privacy. The subscriber agrees to indemnify and hold
harmless iCANx Web Hosting from any claims resulting
from the use of the service which damages the subscriber
or any other party.
All pornographic content and sex-related
merchandising is prohibited on all iCANx Web Hosting
servers. This includes sites that may infer sexual
content or links to adult content elsewhere. iCANx
Web Hosting will be the sole arbiter in determining
violations of this provision.
Also prohibited are sites that promote
any illegal activity or present content that may be
damaging to iCANx Web Hosting servers or any other
server on the Internet. Links to such materials are
also prohibited.
Examples of unacceptable content or
links:
- Pirated software
- Hacker programs or archives
- Warez sites
- eggdrop or derivatives
iCANx Web Hosting will be the sole
arbiter as to what constitutes a violation of this
provision.
Commercial Advertising - Email:
Spamming, or the sending of unsolicited
email, from an iCANx Web Hosting server or using an
email address or domain that is maintained on an iCANx
Web Hosting machine as reference is STRICTLY prohibited.
iCANx Web Hosting will be the sole arbiter as to what
constitutes a violation of this provision. Sites that
are found to be spamming, or users that have been
found to have uploaded any script to an iCANx Web
Hosting server that is utilized for the purpose of
sending out bulk email will be removed immediately,
without prior notice.
Misuse of System Resources:
Any attempt to undermine or cause
harm to a server, or customer, of iCANx Web Hosting
is strictly prohibited. This includes, but is not
limited to: using programs that consume excessive
CPU time; allowing the use of mail services, mail
forwarding capabilities, or autoresponders other than
for the customer's own account; resale of disk space
without an appropriate reseller agreement; use of
servers for backup of files unrelated to the web site
of the account; or resale or remote access to CGI
scripts installed on our servers. No IRC related software
is permitted on our servers. This includes servers,
bots, bouncers, or any other software that is used
for the purpose of creating, maintaining, or providing
access to IRC servers or channels. Accounts that are
found to have such software uploaded to their web
space are subject to immediate suspension and/or termination
without notice.
Cancellation:
Cancellation can be made via the Account
Manager. Although no notice is required, and there
is no cancellation fee, all fees paid for service
up to the notice of cancellation are non-refundable.
If cancellation is made within the first 30 days of
service all hosting fees will be refunded. This does
not include fees for domain registration.
Suspension:
Activity which results in a suspension
or deactivation of an account will result in a forfeiture
of fees paid. Complaints made regarding abuses of
an account will be grounds for suspension.
Refusal of Service:
We reserve the right to refuse, cancel,
or suspend service at our sole discretion.
All sub-networks, distributive hosting
sites, and dedicated servers of iCANx Web Hosting
must adhere to the above policies. Please direct any
reports of violations of the above policies to abuse'@'iCANx.com.
Failure to follow any term or condition
will be grounds for immediate account deactivation.
Indemnification
Policy:
You agree to use all iCANx Web Hosting services and
facilities at your own risk. iCANx Web Hosting specifically
disclaims all warranties of merchantability and fitness
for a particular purpose. In no event shall iCANx
Web Hosting be liable for any loss, or loss of data,
or other commercial damage, including but not limited
to special, incidental, consequential or other damages.
Customer agrees that it shall defend, indemnify, save
and hold iCANx Hosting harmless from any and all demands,
liabilities, losses, costs and claims, including reasonable
attorney’s fees asserted against iCANx Hosting, its
agents, its customers, officers and employees, that
may arise or result from any service provided or performed
or agreed to be performed or any product sold by customer,
it’s agents, employees or assigns. Customer agrees
to defend, indemnify and hold harmless iCANx Web Hosting
against liabilities arising out of:
(1) any injury to
person or property caused by any products sold or
otherwise distributed in connection with iCANx Web
Hosting’s server;
(2) any material supplied by customer infringing or
allegedly infringing on the proprietary rights of
a third party;
(3) copyright infringement and
(4) any defective products sold to customer from iCANx
Web Hosting’s servers.
iCANx Web Hosting
shall be the sole judge of what violates this Policy.
iCANx Web Hosting
does not host sites of its competitors or web pages
promoting sites of its competitors.
Any illegal activity,
including adult content, links to adult content web
sites, spamming or hacking will result in your site
being shut down and all your files deleted without
warning.
iCANx Web Hosting
will be the sole arbiter as to what constitutes a
violation of this provision.
CGI Scripts
Policy:
Each account comes with its own cgi-bin. You are free
to use any CGI scripts you wish, however we reserve
the right to disable any CGI script that effects normal
server operation or service to other iCANx Web Hosting
customers.
Chat Policy:
iCANx Web Hosting allows only those chat rooms that
do not run on our servers. You can however link your
site to a chat provider. Some examples of chat providers
are: www.humanclick.com, www.liveperson.com, www.livehumanhelp.com,
and the chat script found in your control panel.
Subhosting
Policy:
Subhosting (hosting
more than one web site with a single iCANx Web Hosting
user account) is generally not allowed on iCANx Web
Hosting servers. It is subject to iCANx Web Hosting
approval on case by case basis. We do, however, allow
sub-domain accounts.
Traffic Policy:
iCANx Web Hosting allows for very generous traffic,
and most sites never exceed 500MB per month, unless
they offer shareware, sound, video, image and multimedia
archives, are mirror sites or any site whose primary
purpose is file distribution. iCANx Web Hosting customers
are discouraged from storing any files that cause
excessive traffic on iCANx Web Hosting servers. Please
contact the iCANx Web Hosting Technical Support team
for more information. Again, 99% of the sites do not
fall into this category and never reach our traffic
limits.
We reserve the right
to refuse service to anyone for any reason not prohibited
by law. Also we reserve the right to terminate service
to any customer for any reason not prohibited by law.
Any deliberate attempt
to cause damage to iCANx Web Hosting or any other
Internet servers will result in immediate account
deactivation without prior notice. No refund is given
in this case.
We will not host web
sites which contain adult material.
All account plans
come with a predetermined amount of traffic allowance.
We monitor all accounts and bill $5.00 for each gig
of traffic exceeded. You will be charged for transfer
that you use beyond our generous data transfer limits
without prior notification. You can monitor your transfer
at anytime in your Control Panel.
Backups:
Full backups are made weekly, and backups of new/changed
data made nightly. No guarantees are made of any kind,
either expressed or implied, as to the integrity of
these backups. Backups are made for server restoration
purposes only. It is the clients' responsibility to
maintain local copies of their web content any information.
The "Backup Manager" is included in each hosting
plan and client can use this tool to back up their files.
If loss of data occurs due to an error of iCANx Web
Hosting, we will attempt to recover the date for no
charge to the client. If data loss occurs due to negligence
of client in securing their account or by an action
of the client, iCANx Web Hosting will attempt to recover
the data from the most recent archive for a $150.00
fee.
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