This agreement represents the complete agreement and understanding between
IgniteHost.net and the account holder (hereinafter called Customer) and
supersedes any other written or oral agreement. IgniteHost.net may modify these
terms and conditions, amplify them, and/or modify the prices, as well as
discontinue or change services offered with or without prior notification.
If you do not agree to these terms and conditions, please notify our Billing
Department (billing@ignitehost.net) so we can initiate a closure of your
account. USE OF YOUR ACCOUNT shall constitute your approval. We reserve the
right to refuse service to anyone.
1. IgniteHost.net makes no warranties of any kind, whether
expressed or implied, for the service it is providing. IgniteHost.net also
disclaims any warranty of merchantability or fitness for a particular purpose.
IgniteHost.net will not be responsible for damages the customer suffers. This
includes loss of data resulting from delays, non-deliveries, misdeliveries, or
service interruptions caused by its own negligence, subscriber's errors or
omissions, or due to the fault of third parties.
2. Services provided to
the Customer by IgniteHost.net may only be used for lawful purposes.
Transmission or publication of any information, data or material in violation of
any U.S. Federal or state regulation or law is prohibited. This includes, but is
not limited to, material protected by copyright, trade secret or any other
statute, racist material, threatening material or obscene material, material
that is with “adult content” only. IgniteHost.net reserves the right to remove
any and all materials which infringe on copyright work. Such materials will be
removed at any time upon receiving a complaint and or notice of copyright
infringement.
Pornography and Child pornography are prohibited,
including: sexual content, or direct links to adult content elsewhere. This is
applies for sites that promote any illegal activity, violence or content that
may be damaging to our servers or any other server on the internet. Links to
such material are also prohibited. Examples of non-acceptable content or links
are: Pornography, Child Pornography, Hackers applications/archives, “Warez”
sites, proxy applications, torrents, torrents listings, spam applications.
3. Customer agrees to defend, hold harmless and expeditiously indemnify
IgniteHost.net from any liability, claim, loss, damage or expense arising out of
the indemnifying party's breach or violation of any covenant contained in this
Policy and resulting from the Customer's use of the service.
4.
IgniteHost.net accounts cannot be transferred or used by anyone other than the
subscriber. Customers may not sell, lease, rent or assign accounts to any party
not named in this Policy. All shared hosting accounts (Blogger, Personal,
Political and Small Business) cannot be used for resell purposes.
5.
IgniteHost.net reserves the right to cancel service for any reason without prior
notice. In case of cancellation, unused fees may be returned to the subscriber
on a pro-rata basis. Fees for domain name registration/transfer, domain
protection, additional site builder licenses, SSL certificates, dedicated server
fees, downgrade fees, and IP are not refundable.
If a customer
re-registers after IgniteHost.net's cancellation of the account without
IgniteHost.net's written consent, IgniteHost.net will cancel Customer's account
and all dues and fees paid to date regardless of whether service has been
rendered will be forfeited. Additionally, any amounts due will be immediately
payable.
6. Domain name registration/transfer, domain protection, site
builder, setup fees (if apply) are not refundable. A $12.00 license fee will be
deducted from all canceled accounts that have activated their web builders prior
to the account expiration date, including the first 30 days of service. All
specials/free optional services need to be redeemed within the first 2 months
(including: free domain registration, SSL, static IP, domain ID protection)
7. Within the first 30 days as an IgniteHost.net customer, if for any reason
you are not completely satisfied with our hosting services, we will cancel your
account and refund your money for your hosting service. Refunds for hosting
services are not available after the initial 30 days. Refunds are not available
for renewal fees, upgrade fees, or for clients who had previous accounts with
us.
8. Additionally, CUSTOMER agrees not to utilize the IgniteHost.net
service, equipment or email address in connection with the transmission of the
same or substantially similar unsolicited message to 50 or more recipients or
eight or more newsgroups in a single day. Violating this clause may result in
service interruption or account cancellation.
9. Customer agrees not to
transmit, promote, or otherwise make available any software, product or service
that is either illegal or designed to violate this Agreement. Such software,
products or services include, but are not limited to, programs designed to send
unsolicited advertisements (i.e. "spamware") and services which send unsolicited
advertisements.
10. IgniteHost.net requires that its agreements be made
with a person who is qualified to contract. As such, subscriber must be over the
age of eighteen (18) years. Otherwise, a parent or guardian must accept this
agreement and enclose the proper payment. IgniteHost.net cannot accept payments
from persons who are not at least eighteen (18) years of age, nor can we accept
agreements from persons who are not at least eighteen (18) years of age.
11. Customer shall ensure that its use of IgniteHost.net's network services
shall not disrupt IgniteHost.net, its associated networks or equipment forming
part of the systems. Customer is responsible for the security of all files and
content installed under the hosting account and is required to maintain any
software installed to up to date version in order to avoid security breaches. In
instances in which an excessive amount of system resources are utilized by a
subscriber, IgniteHost.net reserves the right to place CPU process limits on the
Customer's account to prevent disruption of service to other customers.
Customers shall not transmit any communication where the meaning of the message,
or its transmission or distribution, would violate any applicable law or
regulation or would likely be offensive to the recipient thereof. No message may
be mass distributed, "broadcast," or otherwise sent on an intrusive basis to any
IgniteHost.net user or to any directly or indirectly attached network. Use of
IgniteHost.net's connection in a manner that is disruptive, damaging, unlawful,
offensive, or intrusive as determined by IgniteHost.net shall be considered a
breach of this Policy and may result in cancellation of service. This
prohibition extends to sending of unsolicited mass mailings from another service
which in any way implicates the use of IgniteHost.net's service,
IgniteHost.net's equipment or any site hosted on any IgniteHost.net network.
12. Customer warrants that any material submitted for publication on
IgniteHost.net does not violate or infringe any copyright, trademark, patent,
statutory common law or proprietary interest of others or contain anything
obscene or libelous. IgniteHost.net reserves the right to remove any and all
materials which infringe on copyright work. Such materials will be removed at
any time upon receiving a complaint and or notice of copyright infringement. All
communications to/from IgniteHost's personnel via e-ticket, email, and live chat
are confidential and property of IgniteHost, and therefore can not be disclosed
or distributed without our written consent.
13. If IgniteHost.net becomes
aware of material that could be infringing on a third party's copyright, it will
initiate an investigation. To conduct an investigation of copyright
infringement, the Complainant must submit at least two items. First, Complainant
must submit a claim in writing with the applicable copyright or trademark
registration number and a copy of the underlying copyrighted work along with the
Customer's materials. Second, Complainant must offer a good faith certification
signed under penalty of perjury. This certification must state that the work is
the property of the Complainant that the work has been copied and that use of
the work is not defensible. With this information in-hand, IgniteHost.net, at
its discretion may, at any time deny access to the challenged material of
Customer.
14. Use of other organizations' networks or computing resources
is subject to their respective permission and usage policies.
15. For all
new domains, there is a yearly non-refundable registration fee. IgniteHost.net
will automatically pay this fee as well as all annual non-refundable renewal
fees on your behalf while your IgniteHost.net account is active and current.
These fees will appear on your billing statement unless prior arrangements are
made with our customer service department.
16. Use of IgniteHost.net's
hosting services could involve listing subscriber's participation in relevant
directories, and subscriber expressly grants permission for such listings.
17. Hosting space is intended for normal use only, and is limited to Web
files, e-mail and content of the hosted Web sites, not for storage of media or
other data nor for the sole purpose of mass email/solicitation. Hosting space
may not be used as offsite storage for electronic files or for third party
electronic mail or FTP hosts. You are responsible for removing any files which
do not meet these requirements, and for adhering to any hosting space (disk
usage) limits allocated to your account(s). Failure to do so may result in
removal and deletion of such materials, and/or in discontinuation of your
services or account. MS SQL remote management/connections: the provided remote
connection interface is to be used with the purpose of managing your MS SQL
database remotely and NOT for the purpose of using our MS SQL for remote SQL
storage for other sites/applications - violating this rule will result in
account suspension
18. Any party seeking to report any other potential
violations of this Agreement may contact IgniteHost.net via email at
ignite@ignitehost.net.
19. Transferring your domain to another provider
does not constitute canceling your IgniteHost.net account. You must notify
IgniteHost.net to formally cancel your account with IgniteHost.net to avoid
further charges.
20. Account Cancellation: You must notify IgniteHost.net
formally by completing our Account Cancellation Form available by clicking here
in order to cancel your account with us. NOTE: We will NOT process any other
requests submitted outside of our Account Cancellation Form. If you do not
notify us we will automatically renew your account for the next billing cycle -
1 month before the account expiration date. Orders received for previously
canceled accounts will not be processed and accounts will not be activated.
Credit card or PayPal chargebacks will result in automatic cancellation and
deletion of the customer's account from our servers. A $15 re-activation fee
will apply to all suspended accounts due to non-payments of due fees
21.
On occasion, IgniteHost.net may have a need to communicate with its customers
through email issues related to billing, as well as changes, additions and
modifications to the network. It is the responsibility of the customer to check
email sent to the primary login email address on the account.
22. It is
the responsibility of the customer to contact IgniteHost.net of any changes to
their account, such as phone number, address, credit card information, etc.
Customers will be required to provide verification for security purposes
authorizing them to make any changes to that account.