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 at support@iCANx.com.
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 email to sales@iCANx.com.
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. |