| IsThatMy.com Terms of Service
These are the "rules" for IsThatMy.com
hosting accounts.
In order to make sure our systems run
smoothly, we have to set and enforce rules. These rules
are here to protect our customers!
What is this?
The Terms of Service (TOS) are the rules and regulations that specify
guidelines for using our shared hosting services. All use of
our shared hosting services is subject to these terms. Please
read them carefully and ensure that you understand and agree
to all parts. Use of IsThatMy.com's services implies agreement
with these terms!
Questions?
Any questions regarding this agreement should be sent to IsThatMy.com's
sales department prior to signing up for service.
Hosting Terms of Service:
IsThatMy.com (hereinafter referred to as "IsThatMy.com")
provides web hosting to people all around the world. We have the
responsibility to protect each client and provide them with the
best service possible. The following guidelines were designed to
ensure that our services remain of the utmost quality. Please read
very carefully before ordering and/or using IsThatMy.com services.
IsThatMy.com Service Agreement:
The IsThatMy.com Terms of Service is a service agreement between
IsThatMy.com and all customers. Please make sure you are in agreement
with the following points and conditions, as well as our service
agreement (in its entirety) before signing up for or using IsThatMy.com's
services. Contact our sales department for any clarifications.
End User Agreement:
Customers may not sublease, sub host, or give away control of any
portion of their IsThatMy.com space and/or resources (indulging,
but not limited to, e-mail accounts, space, ftp accounts, etc.),
unless otherwise stated on our website.
Content:
All services provided by IsThatMy.com 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 statue.
The subscriber agrees to indemnify and hold harmless IsThatMy.com
from any claims resulting from the use of the service which damages
the subscriber or any other party.
Note: Pornography and sex-related merchandising
are strictly prohibited on any IsThatMy.com server. This
includes sites that may infer sexual content, or Link to
adult content elsewhere. This is also true for sites that
promote any illegal activity or content that may be damaging
to IsThatMy.com servers or any other server on the internet.
Links to such materials are also prohibited.
Examples of non-acceptable content or
links
• Pirated software
• Bulk Email related products
• Pornography/Nudity/Adult Content
• Hacking/cracking related websites
• Warez and/or copyrighted MP3s
• Illegal material or material that is against public policy
• Sites containing or linking to material that may be considered detrimental
to the public health, safety, or welfare. (Such as, but not limited to: Anarchists
Cookbook, bomb making, weapon information, or anything else that may be considered
detrimental or illegal.)
IsThatMy.com will be the sole arbiter
as to what constitutes a violation of this provision, and
reserves the right to deactivate and remove any site at
any time for any reason without refund!
Copyright Violations:
IsThatMy.com will respond to all reports of infringement that are
formatted in accordance with the Digital Millennium Copyright
Act and any other applicable copyright laws. Notices of infringement
that do not comply with this act will not be processed. We will
act in accordance with the DMCA when handling infringement reports.
System Resource Usage:
If IsThatMy.com's system administration team determines that a
customer's account is utilizing an unacceptable amount of system
resources, IsThatMy.com may temporarily deactivate the account
in question. If IsThatMy.com's staff deems necessary, an eviction
notice may be sent to the customer of an offending account providing
them with ten (10) days in which to either upgrade to a dedicated
server or locate a new provider. This only occurs in extreme
cases.
IsThatMy.com will be the sole arbiter
as to what constitutes a violation of this provision. Because
of the nature of this provision, each account will be considered
and analyzed individually.
Domain Parking Circumvention:
Any attempt to circumvent domain parking restrictions by using
selective HTTP redirects or any other method to send traffic
from parked domains to sites other than the main site is strictly
prohibited. If multiple domain names with separate content are
required, domain pointers must be used instead.
Chat Rooms:
We do not allow clients to install their own chat rooms. These
tend to be large system hogs and we cannot allow it as a account
option. Clients are free to use any and all of the three chat
systems that come pre-installed on all accounts.
Background Running Programs (bots/daemons/monitors):
Customers are not permitted to run programs in the background on
shared hosting servers. This tends to use a lot of system resources,
and can impair service to other customers on that server.
Backups:
IsThatMy.com's hosting accounts include a nightly backup service,
however these backups are for IsThatMy.com's administrative purposes
only, and are in NO WAY GUARANTEED! Customers are responsible
for maintaining their own backups on their own personal computers.
IsThatMy.com does not provide any sort of compensation for lost
or incomplete data in the event that backups do not function
properly (even if the malfunction was due to negligence on IsThatMy.com's
part). We will do our best to ensure complete and accurate backups,
but assume no responsibility for this duty. Always back your
site up to your personal computer! We make no guarantees about
the availability of backups.
Technical Support:
IsThatMy.com does not provide technical support
on non-server issues. We WILL NOT respond to emails pertaining
to such requests. This includes but is not limited to,
all 3rd party software, Java, CGI, scripts, Real Audio/Video,
applications utilized in developing your web site, including
HTML, MySQL, Telnet, FTP, Email Clients.
NOTE: If you purchase extended technical service,
the above does not apply.
Support Abuse:
At IsThatMy.com, we always treat our customers with the utmost
respect. In return, we expect the same from you. If our staff
feels that you are consistently addressing them in a demeaning
or rude manner, your account may be suspended and you may be
asked to take your business elsewhere. In the event that we terminate
service for support abuse, customers will be given ten (10) days
notice to find a new host. We will issue a refund only for the
unused portion of pre-paid service.
Note: Due to our extremely high customer
satisfaction rate, we have never had to invoke this clause.
Cron Jobs:
We do allow Cron Jobs to be conducted on our servers. You can setup
and manage the cron jobs for your account from the "Cron" section
of your site’s control panel.
IRC (Internet Relay Chat):
We do not allow IRC or IRC bots to be operated on our servers.
Any account found to be in violation of this provision will be
immediately suspended and/or deactivated and no refund will be
issued.
Shell Access:
Shell access is provided on an as-needed basis. It does not come
enabled on accounts by default. A request for this feature must
be sent to technical support before it can be used. The request
must include a domain name, username and explanation of why shell
access is required. We reserve the right to refuse this service
to any customer for any reason.
Unsolicited Email (SPAM):
SPAMing, or the sending of unsolicited email, from an IsThatMy.com
server or using a return email address that is maintained on
an IsThatMy.com server is STRICTLY prohibited. Using SPAM to
advertise a site hosted on IsThatMy.com's network also constitutes
as a violation of this provision. IsThatMy.com will be the sole
arbiter as to what constitutes a violation of this provision.
Sites found to be in violation of our SPAM policies will be immediately
deactivated and no refund will be issued.
Help us STOP SPAM! Please email our support
department immediately to report a violation of our SPAM
policies.
Server Abuse:
Any attempts to undermine or cause harm to an IsThatMy.com server
or customer of IsThatMy.com is strictly prohibited.
IsThatMy.com will be the sole arbiter
as to what constitutes a violation of this provision. Customers
found in violation of this provision will be subject to
account deactivation without refund. IsThatMy.com will
turn all available information about abuse incidents, including
customer contact data, over to the proper authorities and
press charges.
Failure to Follow Policies:
Failure to fully comply with these terms is grounds for account
suspension and/or deactivation (with or without refund, subject
to IsThatMy.com's discretion). Any accounts and/or servers contained
within IsThatMy.com's network must adhere to the above policies.
REFUSAL OF SERVICE:
We reserve the right to refuse, cancel, or suspend
service at our sole discretion.
LIMITATION OF LIABILITY:
We reserve the right to remove any account without
prior notice. If we deactivate your account for violating
policy, you will forfeit your rights to a refund--and none
will be given. No refunds for advanced payment. Our normal
policy is a warning first, and account deactivation the
second offense, but no warning is required.
IsThatMy.com reserves the right to deactivate
and remove any site hosted on our servers that contains
any content that it deems in its sole discretion to be
unacceptable, undesirable or contraindicated.
IsThatMy.com
shall not be responsible for
any claimed damages, including
incidental and consequential
damages, which may arise from
IsThatMy.com servers going
off-line or being unavailable
for any reason whatsoever.
Furthermore, IsThatMy.com shall
not be responsible for any
claimed damages, including
incidental or consequential
damages, resulting from the
corruption or deletion of any
web site from one of IsThatMy.com
servers. All damages shall
be limited to the immediate
termination of service.
Violations of these Policies should be referred to support@IsThatMy.com
All complaints will be investigated promptly.
Failure to follow any term or condition will be grounds
for immediate account deactivation.
DISCLAIMER:
IsThatMy.com cannot be held liable for system
downtime, crashes, or data loss. We cannot be held liable
for any predicted estimate of profits in which a client
would have gained if their site was functioning. Certain
services provided by IsThatMy.com are resold. Thus, certain
equipment, routing, software, and programming used by IsThatMy.com
are not directly owned or written by IsThatMy.com. Moreover,
IsThatMy.com holds no responsibility for the use of our
clients accounts. If any terms or conditions are failed
to be followed, the account in question will be automatically
deactivated.
ACCOUNT ACTIVATION:
By activating your account, or requesting an account
with IsThatMy.com, you agree to the above policies and
disclaimer. Upon requesting an account, or any of our web
hosting plans, you are required to accept these policies,
guidelines, and disclaimer.
NOTICE: If you sign up for an account and do not follow
our terms. No refunds will be given. We will however let
you know by email or phone before any action is taken so
you will have a chance to solve the matter.
ACCOUNT CANCELLATION:
You can cancel your account anytime within the
first 10 days of service and receive a refund on the web
hosting fee.
You can cancel your account anytime before your next billing
date and not incur any charges for the next billing period.
Send an email to billing@isthatmy.com and
request cancellation. Be sure to include your domain name,
username and password. IsThatMy.com will ask you to confirm
cancellation.
IsThatMy.com retains the right to change any or all of
the above Policies, Guidelines, and Disclaimer without
notification.
Last Updated ( Wednesday, 06 April 2005
) |
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