ISPHosting.com reserves the right to change this Policy any time, so please, check this page at least once a month or when in doubt.

ISPHosting.com strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. You agree to these Term's of Service & Acceptable Usage Policies to protect you, other ISPHosting.com customers and ISPHosting.com against such harm.

1. Spam and Unsolicited Commercial Email (UCE):

ISPHosting.com is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over ISPHosting.com's network, by customers or any other users of ISPHosting.com's network (including customers' customers); AND/OR over ANY network. if the message sent advertises or mentions a site hosted on any of ISPHosting.com's servers.  We also prohibit the selling products that can be used for spamming.

If you have any complaints or comments regarding Spam/UCE on our network, please direct them via email to abuse@ISPHosting.com

a) Violation of ISPHosting.com's Spam policy will result in severe penalties. Upon notification of an alleged violation of our Spam policy, ISPHosting.com will initiate an immediate investigation (within 48 hours of notification). During the investigation, ISPHosting.com may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our Spam policy, ISPHosting.com may, at its sole discretion, restrict, suspend or terminate customer's account. Further, ISPHosting.com reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. ISPHosting.com will notify law enforcement officials if the violation is believed to be a criminal offense.

b) First violations of this policy will result in an "Administrative Fee" of $100 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $250 and immediate termination of your account. Customers/Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $225 per hour that ISPHosting.com personnel must spend to investigate the matter. DO NOT SPAM from your account.

2. Network:

a) IP Address Ownership: If ISPHosting.com assigns a Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to ISPHosting.com, and the Customer shall have no right to use that Internet Protocol address except as permitted by ISPHosting.com in its sole discretion in connection with the Services, during the term of this Agreement. ISPHosting.com shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by ISPHosting.com, and ISPHosting.com reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.

b) Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes for the Services purchased. ISPHosting.com will monitor Customer's bandwidth (if applicable) and disk usage. ISPHosting.com shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the quantities purchased. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is at ISPHosting.com's sole and absolute discretion. If ISPHosting.com takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. The fees for over usage will be calculated as follows; $1 for every 5MB per month that the user is over their limit. Example, if you sign up for a 20MB plan and you have 25MB's of files that you use for 6 months; 5MB = $1 x 6 months = $6 total in over usage fees.

c) System and Network Security: Users are prohibited from violating or attempting to violate the security of ISPHosting.com's Network. Violations of system or network security may result in civil or criminal liability. ISPHosting.com 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:

i. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

iv. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

v. Taking any action in order to obtain services to which such User is not entitled.

3. Notification of Violation:

a) ISPHosting.com is under no duty to look at each customer's or user's activities to determine if a violation of this Agreement has occurred, nor do we assume any responsibility through this Agreement to monitor or police Internet-related activities.

b) First violation: Any User, which ISPHosting.com determines to have violated any element of this Agreement, shall receive an email, warning them of the violation. The service may be subject to ISPHosting.com's discretion to a temporary suspension pending the Customers/Users agreement in writing, to refrain from any further violations.

c) Second Violation: Customers & Users that ISPHosting.com determines to have committed a second violation of any element of this Agreement shall be subject to immediate suspension or termination of service without further notice.

d) 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 it is feasible.

4. Suspension of Service or Cancellation:

ISPHosting.com reserves the right to suspend network access to any customer if in the judgment of ISPHosting.com's network administrators the customer's server or hosted web site is the source or target of the violation of any of the other terms of this Agreement or for any other reason which ISPHosting.com 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 or web site were suspended. An administration fee may be charged to the customer.

5. Disclosure to Law Enforcement:

This Agreement specifically prohibits the use of our service for illegal activities. Therefore, Customer agrees that the ISPHosting.com may disclose any and all customer information including assigned IP numbers, account history, account use, etc. to any law enforcement agency without further consent or notification to the customer. In addition, ISPHosting.com shall have the right to terminate all service set forth in this Agreement.

5. Service Rates:

Customer acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Customer. Customer is aware that ISPHosting.com may change the specified rates and charges from time to time. Any promotional offers are contingent upon ISPHosting.com achieving and maintaining its cost of service goals including but not limited to rates charged to ISPHosting.com by its suppliers.

7. Account Ownership

ISPHosting.com is only responsible to the present owner of the web hosting space. We verify ownership by credit card number (if paid for by credit card), name, address, email address, username, & password. If you give this information to any other party or give access to your email address on your account to another party, you risk having your web site and any other information on your account changed and/or deleted. We are not responsible for any information on your account should you reveal this information to another party who causes damage to your account and/or web site. 

If you are a Web Designer and you are not the person paying for the hosting account we advise you to receive payment for your work before you publish it to our servers. Once the web site is published to our servers the account owner has retained ownership of that content.

8. Content Policy

All services provided by ISPHosting.com may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The customer agrees to indemnify and hold harmless ISPHosting.com from any claims resulting from the use of the service which damages the customer or any other party. 

Pornography and sex-related links or merchandising is prohibited on ISPHosting.com servers unless the customer has specifically purchased Adult web hosting. This includes sites that may infer sexual content, or links to adult content elsewhere. ISPHosting.com will be the sole arbiter in determining violations of this provision. 

Also prohibited are sites that promote any illegal activity or present content that may be damaging to ISPHosting.com's servers or any other server on the internet. Links to such materials are also prohibited. Examples of unacceptable content or links:

Pirated software

Hacker programs or archives

Warez sites

Pornography or Adult Material

ISPHosting.com will be the sole arbiter as to what constitutes a violation of this provision. ISPHosting.com does not host competitor sites or web pages promoting sites of its competitors.

Any deliberate attempt to cause damage to ISPHosting.com or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.

9. Email Policy:

ISPHosting.com may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. See item # 1. Spam and Unsolicited Commercial Email (UCE) for full details.

Email accounts should be kept below 5 MB in total. If your email account becomes greater than 5 MB, ISPHosting.com reserves the right to move the email to another server and delete it after 30 days.  If your mail has been moved please contact ISPHosting.com's Tech Support via email to correct the situation before the emails are deleted. 

ISPHosting.com accepts no responsibility for viruses that may be transmitted to you via email, ftp, http or any other means of electronic transfer. ISPHosting.com does provide some virus scanning on its servers. We are monitoring for viruses that could affect our Linux servers, and not viruses that could affect other operating systems like Windows. Therefore, we cannot prevent the transmission of viruses to your computer system via the Internet. It is the responsibility of the client to ensure they have Virus Software and that it is updated regularly.

10. Chat Policy:

ISPHosting.com does not allow chat rooms.  You can however link your site to a chat provider. Some examples of chat providers are: www.humanclick.com, www.liveperson.com, and www.livehumanhelp.com.

11. CGI Scripts Policy:

Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effect normal server operation or service to other ISPHosting.com customers. For the protection of all our customers, we also reserve the right to discontinue service to those customers who continue to run scripts that effect normal server operation. No chat rooms or similar scripts allowed.  

This policy applies to any program hosted on our servers, including but not limited to: php, asp, ssi, etc.

12. Customer Acknowledgement:

Customer acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of ISPHosting.com, and that damages resulting from any interruption of service are difficult to ascertain. Therefore, customer agrees that ISPHosting.com shall not be liable for any damages arising from such causes. Customer further acknowledges that ISPHosting.com's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by customer for services during the period damages occurred. In no event shall ISPHosting.com be liable for any special or consequential damages, loss or injury.

13. Change of Nameservers:

In cases of new hosting accounts which involve the change of nameservers of a domain from other DNS servers to ISPHosting.com's DNS servers, such changes may in some cases take several days, weeks or longer depending on the accessibility of control options at the respective registrar of the domain registration. It is possibly that if the registrar (or the entity having control over the domain registration) is not cooperative, the domain nameservers can not be changed at all. Due to the unpredictable nature of the nameserver change process, no guarantees are made regarding the amount of time a specific change may take. If the nameserver change of the domain is done by ISPHosting.com on behalf of a customer a handling fee will be incurred (unless the hosting plan includes such a change for free). If the customer cancels service during the nameserver change period for any reason, all charges are considered earned and not refundable.

14. Support Boundaries:

Customer agrees to go to the following URL for technical support issues. http://www.website-helpdesk.com ISPHosting.com does however, offer PAID telephone support to customers.  We limit our technical support to our area of expertise. The following is our guidelines when providing support: ISPHosting.com provides support related to your virtual hosting account physical functioning. Tech support does not mean that ISPHosting.com teaches, instructs or troubleshoots customer's html, graphics, cgi-scripts, php code, Operating Systems, web design software, ftp software, email software, Internet connection etc. ISPHosting.com does not provide technical support for customers of our customers. The only means to request technical support for your hosting account is to go to the following URL http://www.website-helpdesk.com or use our PAID telephone support.

15. Backups:

Full backups are made daily, weekly and monthly.Backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the customer's responsibility to maintain local copies of their web content and any information on their account including but not limited to customers website, email, databases etc. 

16. Indemnification Policy:

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law. You agree to use all ISPHosting.com's services and facilities at your own risk. ISPHosting.com specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall ISPHosting.com be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold ISPHosting.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney.s fees asserted against Webcounty, 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 ISPHosting.com against liabilities arising out of;

a. any injury to person or property caused by any products sold or otherwise distributed in connection with ISPHosting.com.s servers;

b. any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;

c. copyright infringement and

d. any defective products sold to customer from ISPHosting.com.s servers.

ISPHosting.com shall be the sole judge of what violates this Policy.

ISPHosting.com is only responsible to the present owner of the Web hosting space. We verify ownership by credit card number (if paid for by credit card), name, address, username, & password. If you give this information to any other party you risk having your Web site and any other information on your account changed and/or deleted. We are not responsible for any information on your account should you reveal this information. 

17. Payment Policies, Renewals and Fees:

By signing up for hosting with ISPHosting.com, you are agreeing that your hosting account will be automatically renewed, and your credit card will be charged. Payment is due each anniversary (one month, three months, six months, one year, or two years) following the date the account was established. Customer authorizes ISPHosting.com to charge all fees owed to such credit card on the anniversary date or up to 30 days before the anniversary date unless a cancellation request is submitted at least 30 prior to your anniversary date by using the cancellation form, located at http://ISPHosting.com/cancellation . No bills or invoices will be sent unless your credit card declines. Additional features can be added at any time. Monthly feature prices are not prorated. ISPHosting.com reserves the right to change prices or plans at any time.

NOTE: ISPHosting.com charges a $30.00 fee for returned checks and a $150 fee for credit card charge backs. Collection agencies will be used to collect any & all fees incurred due to charge backs. Negative credit information will be reported to the major credit bureaus. For international customers:  check or money order funds must be drawn in US dollars and payable by US banks.

COLLECTION NOTICE: ISPHosting.com charges a $150.00 fee for all accounts turned over to a collection agency to recover our fees. Collection agencies will be used to collect any & all fees incurred due to charge backs and or any unpaid balance on your account. Negative credit information will be reported to the major credit bureaus.

LATE FEES: ISPHosting.com charges a $25.00 late for hosting accounts that are not paid on or before their anniversary dates. Domain registration renews that are not paid on or before their anniversary date may incur additional late fees of up to $250.00 due to new ICANN regulations regarding expired Domain names.

It is the customer's responsibility to ensure that the credit card & billing information that ISPHosting.com has on file is up to date. It is the customer's responsibility to ensure that their fees are paid on or before the anniversary date of their account.

Customer acknowledges & agrees to pay all late fees if their account fees have not been paid on or before their anniversary date if the account has not been cancelled at least 30 days prior to anniversary date using the online cancellation form located at http://ISPHosting.com/cancellation . The only acceptable proof of cancellation is the Cancellation ID number issued after completing the online cancellation form. No other forms of cancellation are acceptable.

18. Refund and Disputes:

All payments to ISPHosting.com are non refundable (except those covered by our 30 Money back guarantee- see item 19). This includes setup fee's, membership fees and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 45 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in ISPHosting.com's sole discretion is a valid charge you agree to pay ISPHosting.com an "Administrative Fee" of $150. ISPHosting.com will use Collection agencies and report to the major credit bureaus if required.

19. 30 Day Money Back Guarantee

Some web hosting plans include a 30 day money back guarantee. If you are dissatisfied with your service for any reason, If your account is 30 days old or less, you are entitled to a refund under our 30 Day Money Back Guarantee. Your prepaid hosting fees will be refunded to your credit card on file within 1-2 weeks of your request. Membership fees, Setup fees or Domain Registration charges and any additional services like, i.e. extra email accounts, extra web space, MySQL DB, Secure Server Certificate, URL Promotion, CGI Script Installation, etc. are always non refundable. Requests for account cancellation must be made using the form located at http://ISPHosting.com/cancellation . The only acceptable proof of cancellation is the Cancellation ID number issued after completing the online cancellation form. No other forms of cancellation are acceptable.

Accounts cancelled/terminated by ISPHosting.com for violating this Agreement do not qualify for the 30-day money back guarantee.  For example, if your account is cancelled due to spamming, you will not be given any refund.

Please allow 4-6 weeks for refunds of check or money order payments.

20. IRC Servers:

ISPHosting.com's customers are not permitted to run IRC servers

21. Caching:

Customer expressly grants to ISPHosting.com a license to cache Customer's Content including content supplied by third parties and hosted by ISPHosting.com under this Agreement and Customer agrees to indemnify and hold harmless ISPHosting.com for any infringement of any third party's intellectual property rights thereby affected from said caching.

22. Miscellaneous Provisions:

You must provide us with current good contact information for you. E-mail, telephone and fax and contacts are used, in that order of preference.

a) A waiver by ISPHosting.com of any breach of any provision of this Agreement by customer shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

b) customer shall not transfer or assign this Agreement without the prior written consent of ISPHosting.com. ISPHosting.com may assign Agreement at anytime without consent from or notice to customer. ISPHosting.com reserves right to cancel customers rights under this contract at anytime without further obligation.

c) ISPHosting.com is not responsible for the content of any other websites linked to the ISPHosting.com's hosting network; links are provided as Internet navigation tools only. ISPHosting.com disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

d) ISPHosting.com is not responsible for any damages your business may suffer. ISPHosting.com does not make implied or written warranties for any of our services.

23. Force Majeure

ISPHosting.com shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

24. Governing Law; Jurisdiction

This Agreement shall be governed in all respects by California law without regard to the conflict of law provisions thereof. Both parties submit to personal jurisdiction in California.

ISPHosting.com may modify any of the Terms of Service & Acceptable Usage Policies contained in this Agreement, at any time and in our sole discretion.

IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO CANCEL YOUR HOSTING ACCOUNT THEREBY TERMINATING THIS AGREEMENT. YOUR CONTINUED PATRONAGE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW POLICY ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.