Important Notice
All Shared and Reseller Hosting
payments To ITSA Soft Have a 30-day Money Back Guarantee.
ITSA Soft agrees
to provide the client web hosting for a monthly/quarterly/semi-annual/annual
fee. ITSA Soft will never require clients to advertise for ITSA Soft on their
website in any way shape or form unless agreed upon such as a non-profit
organization receiving complimentary hosting. Clients are allowed to use the
service for business/commercial or personal websites or content.
Minimum Age Requirement
ITSA Soft customers must
be at least 18 years of age. Any individual under the age of 18 years (“Minor”)
must have a parent or guardian accept the Terms of Service in order for the
Minor to become a ITSA Soft customer. A parent or guardian who accepts the Terms
of Service on behalf of a Minor will be primarily liable for ensuring complete
and proper compliance with the Terms of Service, including the timely and full
payment of the charges for ITSA Soft services, and such primary liability will
continue even when the Minor has attained the age of 18, unless the parent or
guardian obtains ITSA Soft's express written consent to the contrary. Any
acceptance of the Terms of Service or any other agreement for ITSA Soft's
services will be deemed null and void to the extent that ITSA Soft will not be
liable in any way as a result of the Minor's age or legal incapacity or the
Minor's use of ITSA Soft's services.
24/7/365 Technical
Support
Is defined as having direct access to our technical
support team 24 hours a Day, 7 Days a week, 365 days a year.
Support is
provided via phone,email and/or ticket system.
Regular response times are
defined as 24 hours or less, but more complex issues may require additional
time.
24 hours support reply does not apply to any "how to", database,
connectivity, software development and/or related inquiries since such issues
often involve extensive research and testing.
If you are concerned with
ITSA Soft hosting services or if you are unable to resolve a technical support
issue within the parameters outlined in this TOS contact us at
office@ITSA Soft.com regarding your concerns.
Your concerns will be reviewed,
investigated, and responded to within two to three business days. As issues may
be complex or require extensive investigation, this response time does not imply
that a resolution is guaranteed within two to three business days.
Additional
advanced support is billed at $100.00 per hour with a $50.00 minimum charge. All
billable tasks performed require prior approval from
client.
Contents
All services provided by
ITSA Soft may be used for lawful purposes only. Transmission, storage, or
presentation of any information, data or material in violation of any United
States (or any other country) law is prohibited. This includes, but is not
limited to: copyrighted material, material that is threatening or obscene, or
material protected by trade secrets and other statue. The subscriber agrees to
indemnify and hold harmless ITSA Soft from any claims resulting from the use of
the service which damages the subscriber or any other party.
Examples of
Non-Acceptable Contents or Links
Pirated software
Hacking programs or
archives
Warez Sites
Illegal MP3's
Spamming Software
Vip
Poster
Hyip
Proxys
Background Running Programs
We do not allow background-running programs. This includes any
IRC related software such as bouncers and bots. In certain cases we may allow
programs to run continually in the background, these are considered on a one to
one basis and an extra charge will be incurred based on system resources used
and operational maintenance needed.
Banned
Scripts
You are free to use any scripts you wish provided they
do not affect the normal operations of the server and they are not mentioned
specifically below. Scripts that are commonly known for causing server
disruption include large cgi-based message forums, auctions, and banner
exchanges. In the event a script affects normal server and/or administrative
operations, ITSA Soft reserves the right to disable the account pending client
cooperation and resolution.
Violation of indecency and obscenity laws can
result in criminal penalties.
Intellectual Property
Rights
Material accessible to you through ITSA Soft's Services
may be subject to protection under the United States of America (or any other
country) copyright laws, or laws protecting trademarks, trade secrets or
proprietary information. Except when expressly permitted by the owner of such
rights, you must not use the ITSA Soft Service in a manner that would infringe,
violate, dilute or misappropriate any such rights, with respect to any material,
which you access or receive through the ITSA Soft Network. If you use a domain
name in connection with the ITSA Soft Service or similar service, you must not
use that domain name in violation of any trademark, service mark, or similar
rights of any third party.
Defamation
Defamatory
speech distributed over the Internet can result in civil liability for the
defamer.
Refusal of Service
ITSA Soft reserves
the right at its sole discretion to refuse or cancel service. Violation of any
of ITSA Soft's Rules and Regulations could result in a warning, suspension, or
possible account termination. Accounts terminated due to policy violations will
not be refunded. Free domains which have been granted for customers paying
annually are released to the customer at the end of there hosting period.
Domains terminated due to policy violations will not be released to the
customer.
SPAM and Unsolicited Commercial Email
(UCE)
ITSA Soft takes a zero tolerance approach to the sending of
Unsolicited Commercial Email (UCE) or SPAM over our network.
How We
Define Spam
We define spam as the sending of Unsolicited Commercial
Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which
is email or facsimile sent to recipients as an advertisement or otherwise,
without first obtaining prior confirmed consent to receive these communications
from the sender. This can include, but is not limited to, the following:
What We Allow and Don't
Allow
We will not allow our servers and services to be used for the
purposes described above. In order to use our products and services, you must
not only abide by all applicable laws and regulations, which include the
Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but you must
also abide by ITSA Softs's no spam policies.
Commercial advertising and/or
bulk emails or faxes may only be sent to recipients who have already "opted-in"
to receive messages from the sender specifically. They must include a legitimate
return address and reply-to address, the sender's physical address, and an
opt-out method in the footer of the email or fax.
Upon request by ITSA Soft ,
conclusive proof of opt-in may be required for an email address or fax
number.
You must not use the ITSA Soft Network, ITSA Soft equipment or any
ITSA Soft email address in connection with the transmission of spam, flames, mail
bombs, or substantially similar, unsolicited commercial email messages. Your
domain may not be referenced as originator, intermediary, or reply-to address in
any of the above. This prohibition extends to the sending of unsolicited mass
mailings from another service that in any way implicates the use of the ITSA Soft
Network, ITSA Soft equipment or any ITSA Soft email address. A message is
considered unsolicited if it is posted in violation of a newsgroup charter or if
it is sent to a recipient who has not requested or invited the message. For
purposes of this provision, merely making one's email address accessible to the
public will not constitute a request or invitation to receive
messages.
What We Do
If you are found to have spammed,
ITSA Soft reserves the right to disable your domain/service without
warning.
In addition, ITSA Soft may impose a ($50-$500) penalty for each spam
policy violation.
ITSA Soft solely reserves the right to refuse or cancel
service to known spammers. Lastly, ITSA Soft reserves the right to determine what
violates this policy. As such, any violation may result in cancellation of
services without refund.
System and Network
Security
Users are prohibited from violating or attempting to
violate the security of the ITSA Soft Network.
Violations of system or network
security may result in civil or criminal liability.
ITSA Soft will investigate
occurrences, which may involve such violations and may involve, and cooperate
with, law enforcement authorities in prosecuting Users who are involved in such
violations. These violations include, without limitation:
Notification of
Violation
ITSA Soft is under no duty to look at each customer's
or user's activities to determine if a violation of the Terms of Service has
occurred, nor do we assume any responsibility through our Terms of Service to
monitor or police Internet-related activities.
First violation: Any User, which ITSA Soft determines to have violated any element of this Terms
of Service, shall receive an email, warning them of the violation. The service
may be subject at ITSA Soft's discretion to a temporary suspension pending a
User's agreement in writing, to refrain from any further
violations
Second Violation: Users that ITSA Soft determines to
have committed a second violation of any element of this Terms of Service shall
be subject to immediate suspension or termination of service without further
notice. We reserve the right, to drop the section of IP space involved in Spam
or Denial-of-Service complaints if it is clear that the offending activity is
causing great harm to parties on the Internet. In particular, if open relays are
on your network or a customer's network, or if denial of service attacks are
originating from your network. In certain rare cases, we may have to do this
before attempting to contact you. If we do this, we will contact you as soon as
is feasible.
Suspension of Service or Cancellation: ITSA Soft
reserves the right to suspend network access to any customer if in the judgment
of the ITSA Soft network administrators the customer's server is the source or
target of the violation of any of the other terms of the TOS or for any other
reason which ITSA Soft chooses.
If inappropriate activity is detected, all
accounts of the Customer in question will be deactivated until an investigation
is complete.
Prior notification to the Customer is not assured. In extreme
cases, law enforcement will be contacted regarding the activity.
The customer
will not be credited for the time the customer's machines were
suspended.
ITSA Soft reserves the right to amend its policies at any
time.
All Sub-Networks, resellers and managed servers of ITSA Soft must
adhere to the above policies. Failure to follow any term or condition will be
grounds for immediate Cancellation. You will be held responsible for the actions
of your clients in the matter described on these Terms and conditions.
Therefore, it is in your best interest to implement a similar or stricter Terms
and conditions or otherwise called Terms of Service
(TOS).
Abuse
Any attempts to undermine, slander,
libel, threaten, or cause harm to a ITSA Soft server, customer, employee, or the
company directly is strictly prohibited and is grounds for immediate termination
without refund. In addition, we will pursue all attempts to the fullest extent
of the law.
Indemnification
Customer agrees that
it shall defend, indemnify, save and hold ITSA Soft (or it's employee's/owners)
harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable legal fees asserted against ITSA Soft, 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 ITSA Soft against liabilities arising out of; (1) any injury to person
or property caused by any products sold or otherwise distributed in connection
with ITSA Soft server; (2) any material supplied by customer infringing or
allegedly infringing on the proprietary rights of a third party and (3)
copyright infringement. Customer agrees to limit the liability of ITSA Soft to
the amount paid for service.
Free Domain
Offers
When this offer is being ran and you have a valid promo
code:
The terms & conditions for our free domain name offer are plain and
simple. We will register the domain name for 1 year on your behalf (Only
available for New Customers during sign up). All we ask is that you stay hosting
with us for a minimum of 3 months. If you stay for 3 months or longer and then
decide to leave you are free to take the domain at no charge. If you do not stay
for 3 months you will be required to pay the full price of the domain name
before your account can be canceled.
Payment
The
accepted methods of payment are credit card (Visa, MasterCard, Discover,
American Express),PayPal,Moneybookers.com.
Customers are responsible for any
additional transaction fees that coincide with any payment methods.
ITSA Soft
invoices exclusively via e-mail. ITSA Soft does not send out invoices via postal
services.
Refund and Cancellation Policy
You may
cancel your account at any time and receive a full refund (excluding any setup
fees or domain name registrations fees incurred) if canceled within our thirty
(30) day money-back guarantee period. To receive this refund, you may not be on
a custom package of any sort. You must be on one of the pre-created packages by
ITSA Soft that is listed on our site. You may cancel for any reason.
If
after thirty (30) days you wish to cancel your hosting account, you will receive
no refund of any monies already paid to ITSA Soft.
However, if customer
cancels fifth teen (15) days before recurring monthly billing date customer will
not be billed for the next month and all payments thereafter will be canceled
with immediate effect.
No refunds on ssl's, domain's, VPS or Dedicated
servers.
Late Payment
Any account whose payment
status is not current as of the start of the next billing period is deemed late.
Generally, customers are given a 10 day grace period after which the account is
put on suspension.
You will receive a payment reminder everyday from the
start of your payment due date. If after 30 days payment has not been received
or we have not been contacted regarding payment, your account will be terminated
without any further notice. Reactivation of closed accounts due to delinquency
incurs a $15 reactivation fee as well as payment of the balance due in full. For
late payments please email billing@ITSA Soft.com to arrange
payment.
Cancellation
You must send us an request
cancellation by email to billing@ITSA Soft.com.
Your account will be pending
cancellation within 24 hours. Please include your Name, domain name, username,
password and your reason for
canceling.
Disclaimer
ITSA Soft will not be
responsible for any damages your business may suffer. ITSA Soft makes no
warranties of any kind, expressed or implied for services we provide. ITSA Soft
disclaims any warranty or merchantability or fitness for a particular purpose.
This includes loss of data resulting from delays, non-deliveries, wrong
delivery, and any and all service interruptions caused by ITSA Soft and its
employees. ITSA Soft makes a 99.9% Uptime guarantee.
ITSA Soft keeps daily
backups of their servers. ITSA Soft can accept no responsibility for any loss of
data or consequences arising from this. ITSA Soft always advises clients to back
up their site data regularly for its own protection.
ITSA Soft furthermore
expects that its customers who provide hosting services (resellers) to others
will ensure its customers fully comply with all applicable laws concerning the
privacy of online communications and any other policy of ITSA Soft. A customer's
failure to comply with those laws will violate this policy.
If a customer
provides hosting services (resellers) to others and decides to cancel their
reseller hosting account with ITSA Soft then ITSA Soft will not be responsible for
maintaining hosting for the resellers customers.
Finally, ITSA Soft wishes
to emphasize that in accepting services, customers indemnify ITSA Soft for the
violation of any law or ITSA Soft policy, that results in loss to ITSA Soft or the
bringing of any claim against ITSA Soft. This means that if ITSA Soft is sued
because of activities of the customer that violate any law, or this policy, the
customer will pay any damages awarded against ITSA Soft, plus costs and
reasonable legal fees.
Failure to comply with any of our terms &
conditions will result in grounds for immediate account
deactivation.
ITSA Soft reserves the right to change, edit, or update the
policies contained in this document, along with the content on our website at
any time for any reason without notice.
Ip
limits
Seo ip limit - Accounts can only use the
alloted amount of ip's that come with a package to use toward seo. If your
package does not come with an ip you will be allowed only 1 ip address for seo.
Ip's used for ssl's and valid uses will never been turned down. If found
frauding ip's for seo past these limits the account(s) will be up for suspension
and or termination.
Ip class's - ITSA Soft can not
promise that we will be able to provide different ip classes on a single server.
If we so happen to get more then one class this can be done. This all depends on
what is available from our datacenter.
Server
Limits
35% cpu and or memory for 3 minutes.
250 email limit
per domain per hour.
50 concurrent database connections at one
time.
Apache threads to be open no longer then 999 seconds.
Php upload
limit of 50MB.
Max php session time of 300 seconds or less.
Limits are
subject to change at anytime.
You must also read and
understand Registrar-Registrant
Agreement and Privacy
Policy
