I40 Web Services is a provider of Small Business and Corporate Web Site Hosting, Domain Name and E-Mail Services. I40 Web Services’ general Policy is to provide quality, dependable and professional services using the latest technology. I40 Web Services reserves the right to suspend or cancel services or to deny individual access to any or all servers or services if we determine that the customer or client’s are inappropriately using accounts, services or equipment. I40 Web Services will be the sole authority in determining what constitutes a violation of its policies.
Unacceptable uses include, but are NOT limited to: Web pages or links to web sites containing pornographic content, copyright infringement, illegal activities, pirated computer programs, trademark infringement, cracks for computer programs or pay services, bulk emailing, and unsolicited email (spamming), displaying obscene material or materials containing nudity, profanity, racism, materials in violation of Federal, State or Local laws and/or anything determined to be unacceptable by I40 Web Services.
Customers found to be in violation of this provision will be notified by telephone and/or email immediately upon discovery of the violation. Customers will be given 24 hours to remove the content or discontinue practices that are unacceptable.
Customers failing to correct violations within the allocated time will result in the suspension of services. Violations not satisfactorily resolved within 7 days of suspension will result in account termination without additional warnings or notices.
IMPORTANT NOTE – I40 Web Services has the right to immediately and permanently WITHOUT WARNING OR PRIOR NOTICE, discontinue service, or deny access to anyone who uses or attempts to use our services or equipment to engage in criminal activity, support criminal activity, supply, display or provide access to materials including links to sites containing materials that violate Federal, State or Local Laws including but not limited to: Unlicensed music sites, pirated video and/or audio recordings, pirated computer software, copyrighted or trademarked materials, cracks for software keys and subscription or pay per view services. No refunds of fees paid will be made if account termination is due to violation of the terms outlined above.
-Unsolicited Email (Spam)
Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation. Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such. Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium. Upon your first Spam offense your mail will be disabled for 24 hours. Upon your second Spam offense your entire domain will be disabled for 48 hours. Upon your third offense your account will be terminated. No refunds will be given if your account is terminated.
-Mail Server Abuse
Individual, Small Business and Corporate Mail Clients are limited to 500 E-mails per day. If you are sending legitimate E-mails and they total more than 500 per mailbox per day your will be required to upgrade the account to one of our high volume E-mail accounts. These accounts are sold by volume and bandwidth and are placed on servers specifically designed to handle high volumes of E-mail. These accounts are quoted on an individual basis by I40 Web Services.
All accounts with I40 Web Services are set up on a pre-pay basis. Setup fees are charged for all new accounts and are non-refundable. Any account not brought current within 7 days of E-mail notice is subject to suspension. All pricing is guaranteed for the term of pre-payment. I40 Web Services reserves the right to adjust or change prices at any time. Price changes will not be effective until after the pre-payment term has expired. Customers are responsible for all money owed on the account from the time contract started to the time that the customer notifies I40 Web Services in writing requesting termination of services.
I40 Web Services reserves the right to cancel service at any time. All fees paid in advance of cancellation will be refunded, pro-rated for services used. Setup fees are non-refundable. Customers that become dissatisfied with I40 Web Services and elect to transfer to another hosting provider should submit their request in writing. Upon receipt of written request to cancel service, I40 Web Services will no longer be responsible for website files, E-mails or backup files and will such will be removed from our servers upon cancellation. It will be the customers responsibility to archive or transfer all files to the new provider. Customers entitled to refunds will receive the refund by company check within 30 days of cancellation.
I40 Web Services reserves the right to refuse service to anyone at its discretion. Customers may use I40 Web Services equipment and services for lawful purposes only. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. I40 Web Services will be the sole authority in determining the designation of any materials as such described above.
Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in Duplin County, North Carolina, and any dispute will be litigated or arbitrated in Duplin County, North Carolina.
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD I40 Web Services HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST I40 Web Services, 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 I40 Web Services AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH I40 Web Services SERVERS; (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 I40 Web Services SERVERS.
I40 Web Services WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. I40 Web Services MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. I40 Web Services DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA OR REVENUE RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY I40 Web Services AND ITS EMPLOYEES. I40 Web Services RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF I40 Web Services MUST ADHERE TO THE ABOVE POLICIES.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.