Inappropriate E-Mail Activities:
Commercial e-mail: Defined as sending unsolicited commercial e-mails.
You are not permitted to use your Interservers account or e-mail
alias/account of your Virtual Server to send unsolicited commercial
e-mail.
Using an e-mail address hosted anywhere on Interservers servers
to collect responses from unsolicited commercial e-mail is also
prohibited. This includes using a throw-away, free e-mail account
and redirectors for the same account.
Mail Bombing: Defined as sending large volumes of unsolicited
e-mail to individuals from your Interservers account is strictly
prohibited.
Harassment: Defined as sending threatening or harassing e-mail
after being requested to stop, is prohibited. Extremely threatening
or harassing e-mail never is allowed.
Inappropriate Newsgroup Activities:
Newsgroup Spamming: Defined as excessive cross-posting, or posting
the same article to several newsgroups is prohibited. Generally
accepted standards allow no more than 15 newsgroups, or cross-postings,
for a single article or substantially similar articles. Such articles
may be canceled. You are not allowed to use your Interservers based
mail facilities to SPAM the newsgroups
Fine/Penalties
Should
you violate Interservers's SPAM Policies, you WILL be charged a minimum
$500.00 administrative fee and $125.00 per hour technical support
for the time it takes us to "clean-up" your SPAM. This shall include
but not be limited to the time required to answer e-mail from angry
recipients of your SPAM and/or other actions of the angry recipients
in retaliation of your SPAM and/or repair of a damaged server due
to "Mail Bombing". Other fees may range from $1.00 to $10.00 per email
as defined by State law. You will also be charged $50 per gigabyte
of data transfer that your SPAM incurred, including bandwidth used
by answers to or complaints about your SPAM. We will invoice this
amount and should it not be paid, we will take necessary steps to
recover these costs and fees. Necessary steps include legal action
in a court of law, and/or recovery through a collection agency. Please
note also that it is now considered a crime to send UCE (unsolicited
commercial e-mail) as it falls into the category of "junk faxes."
Interservers will turn over all names and personal information to
the proper local, state, federal, and international officials of any
person who violates this policy.
Interservers may also pursue legal remedies for our or our customers.
lost revenue resulting from blacklisting.
Any Interservers client found to be spamming will have his/her
account terminated immediately without recourse. We will investigate
the report thoroughly before terminating any account which is part
of the administrative fee. Interservers reserves the right to act
without warning or second chance. If we conclude that you have violated
our Acceptable Usage Policy, we will report you and the incident
to the proper local, state and federal authorities and will prosecute
you to the full extent of the law.
If you know of any Interservers client that is or might be violating
this policy, please send a message or, if possible, forward the
SPAM or UCE in full (including headers) Interservers
Resellers:
This policy must be incorporated into your contract with your customers,
otherwise Interservers will bill you for violations as described,
unless you cooperate by providing us with information necessary
to identify your customer so we may bill, or otherwise seek recovery
from, them directly. Collection of un-paid fees will be pursued,
so it is important for you to include our fees in your contract
in order for us to work together. For example, if your abusive customer
is aware of our fees, and you provide us with sufficient contact
information, we will release you from the above fee obligations.
Only with your cooperation can we reduce abuse!
CGI
Scripts Policy
Our
servers are not to be used as your testing platforms. Customer accounts
are on high end, live server responsible for maintaining many accounts.
Your server space is being provided to display your finished product
to the web - NOT for application or script testing. If you are uploading
a script to our server, you acknowledge that you have already tested
your script elsewhere and that you know how to install the script.
Any script that the server administrator deems to be potentially
threatening to the overall performance of our web server will be
terminated immediately and your account access could be subject
to suspension or terminated without refund of any pre-paid fees.
Termination includes the purging of all customer files.
Any
time spent by Interservers to kill a script and/or to lock an account
will be billed to the account at a rate of $65.00 per hour (one
hour minimum charge). Malicious scripts are subject to immediate
Account cancellation.
Please
note the following cgi script usage policies:
The
script must use low system resources. Scripts that consume a large
amount of server memory or CPU power will be subject to account
review, possible mandatory upgrade to dedicated server and/or additional
fee.
Each
user account may not use more than 1% of system resources at any
given time. Scripts may not interact with any server configuration
or hardware. Users running scripts that interact with any server
configuration or any hardware will be subject to account review,
possible mandatory upgrade to dedicated server, and/or additional
fee.
The
script can be used and referenced from any site on the Net (i.e.
free counters, etc.); however, scripts must stay within the allowable
usage of our system resources. Users using more resources than a
single user account is entitled to use will be subject to account
review, possible mandatory upgrade to dedicated server, and/or additional
fee.
The
script must be executed in a timely fashion. Any script that uses
the processor for more than a few milliseconds is subject to removal
by system administrator.
Scripts
must be secure. Unnecessarily setting permissions (chmod) of scripts
to 777 is a policy violation. Placing scripts in a publicly viewable
directory (one without an index.html files) is a policy violation
and is subject to removal by system administrator.
Any
accounts with scripts found in violation of any Interservers, policy
are subject to future scrutiny of all cgi by our system administrator.
If a script is found to be harmful to the system, it will be killed
immediately and the account locked until the account owners have
been contacted. Any time spent by Interservers to kill a script
and/or to lock an account will be billed to the account at a rate
of $65.00 per hour (one hour minimum).
Malicious
scripts are subject to immediate account cancellation.
Bandwidth
Usage Policy
The
official Interservers policy is to provide enough monthly bandwidth
so that any site using normal resources will be able to perform
without a problem. If a site uses over it's allotment of bandwidth
for its type of account, the customer.s type of account will automatically
be upgraded and the customer charged the upgraded account type charges.
The
customer will be e-mailed a notice once an upgraded account type
is assessed to the customer. Warnings will not be sent to notify
customer that the limit has been reached or exceeded. This term
and condition is non-negotiable.
Billing
Policy
Dear
Valued Customers,
As
part of the continuted re-structuring of our billing process, we
are altering a few of our billing terms and polices.
************************************************
IMPORTANT - PLEASE REVIEW THE FOLOWING POLICIES AS THEY WILL BE
IMPLENTED AT THE BEGINNING OF THE NEXT BILLING CYCLE, WHICH WILL
START MARCH 1ST 2003
************************************************
Billing
Policy
All
customers of Interservers must abide by all the terms set forth
in this and all other policies. Violation of any of these terms
can and will result in the immediate termination of an account with
no refund including any pre-payment. Billing payment is due the
first of the month. Product Prices are subject to change in the
future, but are guaranteed through customers pre-paid billing period.
1.
Payments via Credit Card:
Interservers accepts payment via Master Card, AMEX, Visa and Discover
card. Usage of a credit card indicates an authorization to cover
all future monthly or pre-arranged payments fees. Credit cards will
be charged within the first week of the new calendar month. ALL declined credit card transactions will be assessed a $25.00 fee, in addition to a $25 re-activation for suspended accounts.
2.
Payments via Check:
In special situations, Interservers accepts payments via check.
For accounts paying by check, payment equivalent to the monthly
or pre-arranged account fees must be received at our office before
the order will be processed. All invoices are sent via email, unless
specifically requested to send via US Postal Service by customer,
on approximately the fifteenth of each month. Payments are due no
later that the 10th of the each month. Customers are responsible
for paying their account even if they do not receive their invoice
via email or in the U.S. Postal Mail. If payments are made later
than the 10th of each month, there will be an additional $10.00
late fee added to the next billing cycle.
3.
Payments via International Checks:
Interservers accepts payments via International checks paid in U.S.
funds – check must note payment in U.S. funds on check. Checks
that are written that do not draw from a U.S. bank will have processing
fees imposed by the banks. Processing fees imposed by the bank will
be billed to the customer.
4.
Late Payments:
When customer payments are late, the account(s) will be suspended
on the 15th of the month and cancelled at the end of the month if
there is no payment made. The customer will have the option of reactivating
the account after paying the full amount of the invoice due and
an additional fee of $15.00 will be assessed for reactivation. The
reactivation fee is non-negotiable.
5. Accounts with Non-Usable credit cards:
Credit cards on file are non-usable when any of the following occur:
a.
The card has expired;
b.
The card declines our charges for any reason;
c.
The card is reported lost or stolen;
d.
The card is declared invalid by our processing system.
If a credit card payment fails, the customer will be sent an e-mail
and postal notice with 15 days to rectify the situation either with
a new payment method or by updating the credit card information.
The customer’s account(s) will be suspended on the 15th of
the month and cancelled at the end of the month if there is no payment
made. The customer will have the option of reactivating the account
after paying the full amount of the invoice due. An additional fee
of $15.00 will be assessed for reactivation. The reactivation fee
is non-negotiable.
6.Frequently
Delinquent Policy:
Interservers considers a customer to be "frequently delinquent"
after the third past due or credit card problem notice within any
one year period. Customers who become "frequently delinquent"
are required to have a positive account balance at all times to
receive continued service. On the 30th day of any month, a "frequently
delinquent" customer must have enough money in his/her account
to cover the next month’s hosting fee. When a "frequently
delinquent" customer fails to have sufficient funds to pay
for the next month of service, the account will be suspended immediately
and the account will remain suspended until the end of the month
and cancelled if there is no payment made. This policy applies to
all payment methods. This policy is non-negotiable.
7.Cancellation
Policy:
A cancellation will only be accepted if it is done by one of the
following methods:
a.
When customer payments are late, the account(s) will be suspended
on the 15th of the month and cancelled at the end of the month if
there is no payment made.
b. The customer must submit his/her virtual authorization by requesting
cancellation via email to: cancellation@Interservers.com
The request must include the following information:
Account name and password
Cancellation request
c.
The customer must fax a cancellation request to 412-291-1789.
The request must include the following information:
Account name and password
Cancellation request
Signature of account owner
When
a cancellation request is made, the technical department will immediately
remove all configuration information as well as all contents of
the account. Interservers will remove all files. This will include
unread e-mail left on Interservers servers.
8.
Refund Policy:
If an account is canceled within the first 30 days of service, the
customer will receive a full refund of all account fees except overages.
This 30 day policy shall include the 30th day. Any over usage fees
including but not limited to additional bandwidth will not be refunded.
9.
Refunds after the first 30 days:
All service rendered to date will be billed and must be paid in
full.
10. Billing
Records:
The customer is responsible for keeping records current at all times.
Interservers is not responsible for actions
that are taken as a result of customer.s failure to respond to Interservers
notifications.
11.
Uptime Guarantee
We
Provide 99.9% Uptime Guarantee
*As
an example, in a 30 day month there are 43200 minutes. If your site
is down for more than 172.8 minutes in any month you don't pay the
entire month of service fees for the sites affected by the outage.
This only applies to the billing for the sites that are down. This
policy does not apply if an outage of a web site occurs due to customer
induced problems or negligence.
Web
Hosting Support
For
Support please use a contact below:
You
can submit billing information changes to Interservers via email
to:
sales@Interservers.com or fax
to 412-291-1789 . Any fax must include the main account user name
/ password as well as. You may also fax an update signature of the
account owner.
Affiliate
Use and Policies
This Agreement contains the complete
terms and conditions that apply to your participation in the Interservers
Affiliate Program, and the establishment of links from your Web
site to the Interservers Web site. As used in this Agreement, "INTERSERVERS.COM",
"Interservers", or "we" means Interservers Technology
Inc.., and "you" or "affiliate" means the applicant
seeking to participate hereunder in the Affiliate Program. Also
as referred to in this Agreement, "Site" refers to a World
Wide Web site and "Interservers.com Site" refers to the
Site located at the URL http://www.Interservers.com , or any other
successor Sites owned or maintained by INTERSERVERS.COM and "product"
means any and all items or services offered for sale by us on the
Interservers site. You also certify that you are at least 18 years
of age and you acknowledge that you have read the Agreement, and
you agree to its terms and conditions and all policies posted on
Interservers.com Site.
THIS IS A LEGAL AGREEMENT BETWEEN
YOU AND INTERSERVERS.COM. BY CHECKING THE "ACCEPT" BOX
ON THE APPLICATION, YOU AGREE THAT (a) YOU HAVE READ THIS AGREEMENT
AND UNDERSTAND ALL OF ITS CONTENTS AND (b) YOU WILL BE BOUND BY
ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT.
1. Enrollment in the Program
To begin the enrollment process, you will submit a complete Program
application via the shareasale.com site.. You will then be given
further instructions, including your "affiliate id" and
linking information. We will evaluate your website in good faith
and will notify you if there any exceptions to your participation
in the program. We may reject your application if we determine (in
our sole discretion) that your site is unsuitable for the Program.
Unsuitable sites include those that: incorporates images or content
that is in any way unlawful, harmful, threatening, defamatory, obscene,
harassing or racially, ethically or otherwise objectionable such
as sites that: depict sexually explicit images; promote violence;
promote discrimination based on race, sex, religion, nationality,
disability, sexual orientation, or age; promote illegal activities
or incorporates any materials which infringe or assist others to
infringe on any copyright, trademark or other intellectual property
rights (collectively "Content Restrictions").
If your application has been rejected,
you are welcome to reapply to the Program at any time when your
site is suitable to participate in the Program.
2. Promotion of our Affiliate Relationship.
As an Affiliate Site, we will make available to you banner advertisements,
button links to our site and/or text links to our site, containing,
the INTERSERVERS.COM logo and words identifying the products or
promotions on our site (each of these links sometimes being referred
to herein as "Links" or, individually, as a "Link"),
which, subject to the terms and conditions hereof, you may display
as often and in as many areas on your site as you desire. The Links
will serve to identify your site as a member of our Affiliate Program
and will establish a link from your site to ours.
3. Utilizing our Links on Your Site
In utilizing the Links, you agree that you will cooperate fully
with us in order to establish and maintain such Links. All Affiliate
Sites shall display such graphic images prominently throughout your
site as you see fit and with our consent. You shall not alter, modify
or expand the Links in any way; however, a Link may be modified
and/or expanded with our written consent. Each Link connecting users
of your site to our site will in no way alter the look, feel, or
functionality of our site. We have the right, in our sole discretion,
to monitor your site at any time and from time to time to determine
if you are in compliance with the terms of this Agreement.
3.Order Processing
We will process web hosting orders placed by customers who follow
special links from your site to the Interservers.com Site. We reserve
the right to reject orders that do not comply with any requirements
that we periodically may establish. We will be responsible for all
aspects of order processing and fulfillment. Among other things,
we will prepare order forms; process payments, and cancellations;
and handle customer service. We will track sales made to customers
who purchase our hosting packages using special links from your
site to our site and it will be available for your viewing online.
To permit accurate tracking, reporting, and fee accrual, you must
ensure that the special links between your site and our site are
properly formatted.
4. Commission Determination
Subject to the terms and conditions of this Agreement, we will pay
you referral fees on all product sales to third parties. For a product
sale to generate a commission, the customer must follow a link from
your Web site to the Interservers.com Site, purchase a product using
our automated ordering system, accept delivery of the product at
the shipping destination, and remit full payment to us. Commission
on returned products and refunds will be deducted from your next
quarterly payment.
6. Commission Rates
Commission of ten US dollars (200.00%) on purchases, excluding amounts
collected by us for sales taxes shipping, handling and similar charges,
amounts due to credit card fraud and bad debt, and credits for returned
goods ("Net Sales"). The Commission Rates is subject to
change at anytime or from time to time, in our sole and absolute
discretion. You will be notified of any change in the Commission
Rate.
7. Commission Payment
We will pay your commissions on a calendar quarter basis. Approximately
30 days following the end of each calendar quarter, we will send
you a check for the commissions earned on Net Sales of Product that
we shipped during that quarter, less any taxes that we are required
by law to withhold.
8.Policies and Pricing
Customers who buy services through this Program will be deemed to
be customers of INTERSERVERS.COM. Accordingly, all INTERSERVERS.COM
rules, policies, and operating procedures concerning customer orders,
customer service, and web hosting sales will apply to those customers.
We may change our policies and operating procedures at any time.
For example, we will determine the prices to be charged for services
sold under this Program in accordance with our own pricing policies.
Because price changes may affect services that you already have
listed on your site, you may not include price information in your
service descriptions. We will use commercially reasonable efforts
to present accurate information, but we cannot guarantee the availability
or price of any particular service.
9. Non-exclusive Limited License
and Use of INTERSERVERS.COM Logos and Trademarks.
We grant you a non-exclusive, nontransferable, revocable right to
access our site through links solely in accordance with the terms
of this Agreement, and solely in connection with such links, to
use our logos, trade names, trademarks and similar identifying material
(collectively "Licensed Material") solely for the purpose
of selling Products on your site for INTERSERVERS.COM. You may not
alter, modify or change the Licensed Material in any way. You are
only entitled to use the Licensed Material to the extent you are
a member, in good standing, of the Affiliate Program.
You shall not make any specific use
of any Licensed Material for purposes other than selling Products
for INTERSERVERS.COM, without first submitting a sample of such
use to us and obtaining our prior written consent. You agree not
to use the Licensed Material in any manner that is disparaging or
that otherwise portrays Interservers in a negative light. We reserve
all of our rights in the Licensed Material, and all other intellectual
property rights. We may revoke the rights granted to you pursuant
to this section at any time by giving you written notice. You shall
obtain no rights in and to the Licensed Material. The rights granted
to you pursuant to this section shall terminate upon the effective
date of the expiration or termination of this Agreement.
10. Non-exclusive Limited License
and Use of Affiliates Logos and Trademarks.
You grant to us a non-exclusive license to utilize your names, titles,
logos, and trademarks (collectively the "Affiliate Marks"),
and to advertise, market, promote, and publicize in any manner our
rights hereunder; provided, that we shall not be required to so
advertise, market, promote, or publicize. You hereby represent and
warrant that you are the sole and exclusive owner of the Affiliate
Marks and have the right and power to grant to us the license to
use same in the manner contemplated herein, and such grant does
not or will not breach, conflict with, or constitute a default under
any agreement or other instrument applicable to you or binding upon
you; or infringe upon any trademark, trade name, service mark, copyright,
or other proprietary right of any other person or entity. This license
shall terminate upon the effective date of the expiration or termination
of this Agreement.
11. Obligations Regarding Your Site.
You will be solely responsible for the development, operation, and
maintenance of your site and for all materials that appear on your
site. You hereby represent and warrant to us that materials posted
on your site do not violate or infringe upon the rights of any third
party, and that materials posted on your site are not libelous or
otherwise illegal. We disclaim all liability for all such matters.
Further, you will indemnify and hold us harmless from all claims,
damages, and expenses relating to the development, operation, maintenance,
and contents of your site.
11.Terms of the Agreements
The terms of this Agreement will begin upon our acceptance of your
Program application and will end when terminated by either party.
Either you or we may terminate this Agreement at any time, with
or without cause, by giving the other party written notice of termination.
You are only eligible to earn referral fees on sales of Qualifying
Services occurring during the term, and fees earned through the
date of termination will remain payable only if the related orders
are not cancelled. We may withhold your final payment for a reasonable
time to ensure that the correct amount is paid.
12.Modification
We may modify any of the terms and conditions contained in this
Agreement, at any time and in our sole discretion, by posting a
change notice or a new agreement on our site. Modifications may
include, for example, changes in the scope of available referral
fees, fee schedules, payment procedures, and Program rules.
IF ANY MODIFICATION IS UNACCEPTABLE
TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR
CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF
A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING
ACCEPTANCE OF THE CHANGE.
13.Relationship of Parties
You and we are independent contractors, and nothing in this Agreement
will create any partnership, joint venture, agency, franchise, sales
representative, or employment relationship between the parties.
You will have no authority to make or accept any offers or representations
on our behalf. You will not make any statement, whether on your
site or otherwise, that reasonably would contradict anything in
this Section.
14.Limitation of Liability
We will not be liable for indirect, special, or consequential damages
(or any loss of revenue, profits, or data) arising in connection
with this Agreement or the Program, even if we have been advised
of the possibility of such damages. Further, our aggregate liability
arising with respect to this Agreement and the Program will not
exceed the total referral fees paid or payable to you under this
Agreement.
15.Disclaimers
We make no express or implied warranties or representations with
respect to the services sold through the Program (including, without
limitation, warranties of fitness, merchantability, no infringement,
or any implied warranties arising out of a course of performance,
dealing, or trade usage). In addition, we make no representation
that the operation of our site will be uninterrupted or error-free,
and we will not be liable for the consequences of any interruptions
or errors.
16.Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL
ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME
(DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT
MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB
SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE
INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE
PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR
STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
17. Miscellaneous
This Agreement will be governed by the laws of the United States
and the state of Pennsylvania, without reference to rules governing
choice of laws. Any action relating to this Agreement must be brought
in the federal or state courts located in Pennsylvania, and you
irrevocably consent to the jurisdiction of such courts. You may
not assign this Agreement, by operation of law or otherwise, without
our prior written consent. Subject to that restriction, this Agreement
will be binding on, inure to the benefit of, and enforceable against
the parties and their respective successors and assigns. Our failure
to enforce your strict performance of any provision of this Agreement
will not constitute a waiver of our right to subsequently enforce
such provision or any other provision of this Agreement