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The use of services from IT4Co.com, LLC [hereafter referred to as "IT4Co"]
constitutes agreement to these terms.
You may view our Privacy Policy as well.
1.) Account Setup / Email on file
We will setup your account after we have received payment and we and/or our
payment partner(s) have screened the order(s) incase of fraud. It is your
responsibility to provide us with an email address which is not @ the domain(s)
you are signing up under. If there is ever an abuse issue or we need to contact
you, the primary email address on file will be used for this purpose. It is your
responsibility to ensure the email address on file is current or up to date at
all times. Providing false contact information of any kind may result in the
termination of your account. In dedicated server purchases or high risk
transactions, it will be necessary to provide government issued identification
and possibly a scan of the credit card used for the purchase. If you fail to
meet these requirements, the order may be considered fraudulent in nature and be
denied.
Transfers
Our transfers team will make every effort to help you move your site to us,
however, we can not make guarantees of the transfer process. We provide this as
a courtesy service and can not make guarantees regarding its availability or the
amount of time it may take as each host is configured a little differently. We
will try our best, however, in some cases we may be unable to assist you in a
transfer of data from an old host.
2.) Content
All services provided by IT4Co may only be used for lawful purposes. The laws of
the State of Florida, the State of Texas, and the United States of America
apply.
The customer agrees to indemnify and hold harmless IT4Co from any claims
resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited.
This includes but is not limited to unauthorized copying of music, books,
photographs, or any other copyrighted work. The offer of sale of any counterfeit
merchandise of a trademark holder will result in the immediate termination of
your account. If you believe that your copyright or trademark is being infringed
upon, please email abuse@IT4Co.com with the information required. A list of
required information may be found here. If the request is of a licensing issue,
we may require further documentation.
Examples of unacceptable material on all Shared, Reseller and Dedicated Servers
include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image,
filedump, or banner-ad services (similar to rapidshare, photobucket, or
commercial banner ad rotation), topsites, commercial audio streaming (more than
one or two streams), Escrow, High-Yield Interest Programs(HYIP) or related
sites, Investment sites (FOREX, egold exchange), sale of any controlled
substance without prior proof of appropriate permit(s), AutoSurf sites, Bank
Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery
sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or
sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail
Bombers and Spam Scripts. Forums that distribute or link to warez content is
prohibited.
Acceptable material on Dedicated Servers:
Proxy Scripts / Anonymizers, Image Hosting sites and muds / rpg's
We reserve the right to refuse service to anyone. Any material that, in our
judgment, is obscene or threatening is prohibited and will be removed from our
servers with or without notice.
Failure to respond to email from our abuse department within 48 hours may result
in the suspension or termination of your services. All abuse issues must be
dealt with via troubleticket/email and will have a response within 48 hours.
If in doubt regarding the acceptability of your site or service, please contact
us at abuse@IT4Co.com and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to
child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be
suspended immediately without notice.
Resellers: we will suspend the site in question and will notify you so you may
terminate the account. We will further monitor your activity; more than one
infraction of this type may result in the immediate termination of your account.
Direct customers: Your services will be terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your
account are secure and permissions of directories are set properly, regardless
of installation method. When at all possible, set permissions on most
directories to 755 or as restrictive as possible. Users are ultimately
responsible for all actions taken under their account. This includes the
compromise of credentials such as username and password. It is required that you
use a secure password. If a weak password is used, your account may be suspended
until you agree to use a more secure password. Audits may be done to prevent
weak passwords from being used. If an audit is performed, and your password is
found to be weak, we will notify you and allow time for you to change/update
your password.
Click Here to generate passwords.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk
emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam.
Any user who sends out spam will have their account terminated with or without
notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This
provision includes, but is not limited to SPAM sent via fax, email, instant
messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO
may be hosted on our servers. Any account which results in our IP space being
blacklisted will be immediately suspended and/or terminated.
IT4Co reserves the right to require changes or disable as necessary any web
site, account, database, or other component that does not comply with its
established policies, or to make any such modifications in an emergency at its
sole discretion.
IT4Co reserves the right to charge the holder of the account used to send any
unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at
the discretion of IT4Co.
4.) Payment Information
You agree to supply appropriate payment for the services received from IT4Co, in
advance of the time period during which such services are provided. You agree
that until and unless you notify IT4Co of your desire to cancel any or all
services received, those services will be billed on a recurring basis.
Cancellations must be done in writing via the cancellation form provided. Once
we receive your cancellation and have confirmed all necessary information with
you via e-mail, we will inform you that your account has been canceled. At this
time, your account with us has been canceled. If you do not hear back from us or
receive an e-mail confirming this cancellation, please contact us immediately.
As a client of IT4Co, it is your responsibility to ensure that your payment
information is up to date, and that all invoices are paid on time. IT4Co
provides a 10 day grace period from the time the invoice is due and when it must
be paid. Any invoice that is overdue for 10 days and not paid will result in a
$10 late fee and/or an account suspension until account balance has been paid in
full.
Invoices that have been paid more than once with multiple Paypal Subscriptions
can only be added as credit towards the account and cannot be refunded via
Paypal. If you require assistance with this provision, please contact
sales@IT4Co.com
IT4Co reserves the right to change the monthly payment amount and any other
charges at anytime.
5.) Backups and Data Loss
Your use of the service is at your sole risk. IT4Co is not responsible for files
and/or data residing on your account. You agree to take full responsibility for
files and data transferred and to maintain all appropriate backup of files and
data stored on IT4Co servers.
6.) Cancellations and Refunds
IT4Co reserves the right to cancel the account at any time with or without
notice.
Any abuse of our staff in any medium or format will result in the suspension or
termination of your services.
Customers may cancel at any time via a cancellation form. IT4Co gives you an
unconditional 45 day money back guarantee on managed shared hosting, and
reseller solution's. There are no refunds on dedicated servers, administrative
fees, install fees for custom software, or domain name purchases. Refund
requests after the intitial 45 days will be refunded on a prorated basis of any
unused time.
Only first-time accounts are eligible for a refund. For example, if you've had
an account with us before, cancelled and signed up again, you will not be
eligible for a refund or if you have opened a second account with us.
Violations of the Terms of Service will waive the refund policy.
7a.) Resource Usage
User may not:
a) Use 25% or more of system resources for longer then 90 seconds. There are
numerous activities that could cause such problems; these include: CGI scripts,
FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the
server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on
shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. Please note that you may
link to torrents off server, but may not host or store them.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942,
etc
h) Run cron entries with intervals of less than 15 minutes
When using PHP include functions for including a local file, include the local
file rather than the URL. Instead of
include("http://yourdomain.com/include.php") use include("include.php")
7b.) INODES
The use of more than 50,000 inodes on any shared account may potentially result
in suspension. Accounts found to be exceeding the 50,000 inode limit will
automatically be removed from our backup system to avoid overusage. Every file
on your account uses up 1 inode.
Simply exceeding the limit does not constitute grounds for suspension however
accounts that constantly create and delete large numbers of files on a regular
basis or causing file system damage may cause your account to be flagged for
review.
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending
on the hosting package you purchase. Should your account pass the allocated
amount we reserve the right to suspend the account until the start of the next
allocation, suspend the account until more bandwidth is purchased at an
additional fee, suspend the account until you upgrade to a higher level of
package, terminate the account and/or charge you an additional fee for the
overages. Unused transfer in one month cannot be carried over to the next month.
9a.) Money back Guarantee
On dedicated servers and colocation no full refund will be honored -- the 45 day
money back guarantee does not apply. We reserve the right to refund a prorated
amount or no refund at all.
Each of IT4Co's managed shared and reseller servers carry a 45 day unconditional
money back guarantee on them. If you are not completely satisfied with our
services within the first 45 days of your service, you will be given a full
refund of the contract amount. Remember, this is only for monthly shared or
reseller packages and does not apply to dedicated servers, administrative fees,
install fees for custom software, or domain name purchases.
9b.) Uptime Guarantee
If your shared / reseller server has a physical downtime that is not within the
99.9% uptime you may receive one month of credit on your account. Approval of
the credit is at the discretion of IT4Co dependant upon justification provided.
Third party monitoring service reports may not be used for justification due to
a variety of factors including the monitor's network capacity/transit
availability. The uptime of the server is defined as the reported uptime from
the operating system of the server which may differ from the uptime reported by
individual services. To request a credit, please contact sales@IT4Co.com with
justification. All requests must be made in writing via email. Uptime guarantees
only apply to shared / reseller solutions. Dedicated servers are covered by a
network guarantee in which the credit is prorated for the amount of time the
server is down which is not related to our uptime guarantee.
10.) Reseller: Client Responsibility
Resellers are responsible for supporting their clients. IT4Co does not provide
support to our Reseller's Clients. If a reseller's client contacts us, we
reserve the right to place the client account on hold until the reseller can
assume their responsibility for their client. All support requests must be made
by the reseller on their clients' behalf for security purposes. Resellers are
also responsible for all content stored or transmitted under their reseller
account and the actions of their clients'. IT4Co will hold any reseller
responsible for any of their clients actions that violate the law or the terms
of service.
11.) Shared (non-reseller accounts) / Semidedicated Servers
Shared accounts may not resell web hosting to other people, if you wish to
resell hosting you must use a reseller account. Semidedicated servers are not
backed up. You must maintain your own backups.
12.) Dedicated Servers
IT4Co reserves the right to reset the password on a dedicated server if the
password on file is not current so that we may do security audits as required by
our datacenter. It is the responsibility of the client to ensure that there is a
valid email address and current root password on file for their dedicated server
on file to prevent downtime from forced password resets. IT4Co reserves the
right to audit servers as needed and to perform administrative actions at the
request of our datacenter. Dedicated servers are NOT backed up by us and it is
the responsibility of the client to maintain backups or have a solution for
this. You may purchase an additional hard drive and maintain backups to it as
the most simple solution. Please contact sales@IT4Co.com if you wish to obtain a
secondary hard drive. It is your responsibility to maintain backups.
13.) Price Change
The amount you pay for hosting will never increase from the date of purchase. We
reserve the right to change prices listed on IT4Co.com, and the right to
increase the amount of resources given to plans at any time.
14a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold IT4Co harmless
from any and all demands, liabilities, losses, costs and claims, including
reasonable attorney's fees asserted against IT4Co, 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, its agents,
employees or assigns. Customer agrees to defend, indemnify and hold harmless
IT4Co against liabilities arising out of; (1) any injury to person or property
caused by any products sold or otherwise distributed in connection with IT4Co;
(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 customers from IT4Co's server.
14b.) Arbitration
By using any IT4Co services, you agree to binding arbitration. If any disputes
or claims arise against IT4Co or its subsidiaries, such disputes will be handled
by an arbitrator of IT4Co's choice. All decisions rendered by that arbitrator
will be binding and final. You are also responsible for any and all costs
related to such arbitration.
15.) Disclaimer
IT4Co shall not be responsible for any damages your business may suffer. IT4Co
makes no warranties of any kind, expressed or implied for services we provide.
IT4Co disclaims any warranty or merchantability or fitness for a particular
purpose. This includes loss of data resulting from delays, no deliveries, wrong
delivery, and any and all service interruptions caused by IT4Co and its
employees.
16.) Disclosure to law enforcement
IT4Co may disclose any subscriber information to law enforcement agencies
without further consent or notification to the subscriber upon lawful request
from such agencies.
We will cooperate fully with law enforcement agencies.
17.) Changes to the TOS
IT4Co reserves the right to revise its policies at any time without notice.
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Terms Of Service
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