Terms and Conditions
Terms and Conditions for Shared Hosting Services
The Services We Provide
In exchange for the fees you pay in advance, we will host your website on one or more of our servers, so long as you abide by the terms and conditions that are set out on this page, and in any other agreements that relate to the services we may provide to you. We will provide the services according to the specifications listed for the hosting package you select during the signup process. For clarity, on this page, the term “services” refers to the web hosting services that we will provide to you and, if you are an Affiliate, the services we provide to you in connection with that program. The term “IBSPoint” or “us” or “we” refers to Sami AlTaher IT Establishment
Permission to Host Your Content
For us to host your website, it is necessary for you to upload your content to our servers. When you do this uploading, you are creating one or more copies of your content on our system. By purchasing hosting services from us, you acknowledge that these copies are being made, and give us the permission (a license) to maintain these copies and make them available to users of the Internet. You are solely responsible for providing all of the content and other data that make up your website.
You consent to be called by a representative of www.IBSPoint.com at the telephone number above and/or emailed important information about IBSPoint products and services.
We will make every attempt to retain nightly backups. However, as with any data storage systems, backups can fail. We encourage you to perform your own backups on a periodic basis or sign up for our daily backup service.
Because the Services permit Users to electronically transmit or upload content directly to the User Web site, User shall be fully responsible for uploading all content to the User Web site and supplementing, modifying and updating the User Web site, including all back-ups.
- Any file over 40MB in size will not be backed up onto our backup servers and in the event of server failure, will not be recoverable.
- IBSPoint shall not be responsible for any damages to the User Content, the User Web site or other damages or any malfunctions or service interruptions caused by any failure of the User Content or any aspect of the User Web site.
- User is solely responsible for making back-up copies of the User Web site and User Content.
- IBSPoint does not maintain backup copies of User Web sites or e-mail. IBSPoint cannot guarantee that the contents of a Web site will never be deleted or corrupted, or that a back-up of a Web site will always be available. Users should always copy all content of a Web site to a local computer and IBSPoint strongly suggest that Users make an additional copy (on tape, CD, multiple floppies, another desktop, or elsewhere) to ensure the availability of the files.
Acceptable Use/Illegal Activity
IBSPoint strives to maintain a high-level of service, and a lot of customers depend on our high standards of quality. As such, we will not provide services to those that are using our services for:
- Hacking, which includes, for example penetrating or attempting to access, without authorization, another computer or network. Port scans, stealth scans, and fraudulent credit card “phishing” techniques are also prohibited.
- Hosting of files or other data that infringes on another’s copyright or other intellectual property rights.
- Spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service based on reasonable indications that you are engaged in spamming of any sort.
- Uploading or linking to any content that violates another’s right of publicity or privacy.
- Distributing hate speech, or any other content that is obscene, abusing, which could be considered libelous and defamatory.
- Hosting, storing, or distributing child pornography. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified.
- Hosting large amounts of data not specifically tied (“linked”) to your hosting account. IBSPoint encourages users looking for file storage/backup solutions to seek other services that specialize in this.
All services provided by IBSPoint may only be used for lawful purposes.
The customer agrees to indemnify and hold harmless IBSPoint 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 [at] IBSPoint.com with the information required.
Examples of unacceptable material on all Shared servers include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, 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 and or websites that distribute or link to warez content are prohibited.
Offering video and/or audio streaming or downloads, MP3 Files, Games and shareware is also not permitted on any IBSPoint server.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account.
Examples of unacceptable material on Dedicated servers include:
Pirated Software / Warez, 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, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.
IBSPoint services, including all related equipment, networks and network devices are provided only for authorized customer use. IBSPoint systems may be monitored for all lawful purposes, including ensuring that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of IBSPoint system(s) constitutes consent to monitoring for these purposes.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), 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 support ticket/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 [at] IBSPoint.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 644 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. All files over 10MB must be linked from files within the same account and also publically available through any domain name attached to your account. Large files (files over 10MB) should not take up more than 40% of the data on your hosting account.
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. Please read www.IBSPoint.com/mail-policy for our generalized mail policy. 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. IBSPoint 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. IBSPoint 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 IBSPoint.
User may not:
Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
Participate in any file-sharing/peer-to-peer activities
Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
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”)
While our shared services are suitable for the bulk of our customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 10% of the server resources and/or 10% of the server’s CPU. This means that if your website is found to be utilizing more than 10% of the CPU and memory of the service, we reserve the right to take your site offline. If this becomes necessary, you can either upgrade your hosting package, or request a pro-rated refund of the amounts you have paid in advance for the services. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.
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 (a webpage, image file, email, etc) on your account uses up 1 inode. Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here
When the Services Will be Available
We will attempt to provide the services 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however, for a number of reasons, the services may be unavailable to you. You must recognize and acknowledge that due to the nature of web hosting technology, occasional unavailability of the services cannot be avoided. Sometimes there are equipment malfunctions. At other times we undertake periodic maintenance procedures or repairs. Still other times, there are causes beyond our control like power failures, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network traffic and other occurrences. We have not promised to provide you with uninterrupted service.
As we explain in this paragraph, we offer you a 30 days Money-Back Guarantee on all shared hosting plans. And here is how our cancellation policy works. It is very simple. If you cancel your account we will provide you with a full refund for the remainder of your term, excluding any setup fees that were charged when you signed up, and excluding domain registration fees. (Even if you received your domain for free through one of our promotional plans)
The domain registration fee we incur on each domain registration is $20.00. So all refunds are subject to a $20.00 registration fee charge, but you will own the domain name afterwards. The only way to cancel your account is by emailing our billing team at billing [at] IBSPoint.com
Please note: Any account upgrades to hosting services such as additional domain registration, Priority Support, IBSPoint Directory, Daily Backup, Dedicated IP, Private SSL certificates, Search Engine Submission, and Shell Access are non-refundable. In addition, we do not offer refunds on dedicated server plans as they are month to month and there are no contracts involved. IBSPoint also reserves the right to cancel your account with 72 hours notice should an event occur in which proper evidence exists that a customer was exceptionally rude or vulgar in communications with our staff.
When you sign up, your IBSPoint account will be enabled with autorenewal, which means that when your renewal date arrives, your hosting plan and domain will be renewed. When it is time for renewal, the credit card you have on file with us will also be charged. If you wish to not have this happen, and you would not like to renew your account, you must cancel 14 days prior to your renewal date. If you have any questions as to when your renewal date is, simply login to https://billing.IBSPoint.com, or give us a call. If you fail to cancel 14 days prior to renewal, your account will be renewed for a new term, so please be sure to fill out the cancellation form located above if you do not want to renew. Your account renew dates are always listed in https://IBSPoint.com/billing
If more than 30 days pass from the date on which any invoice for the hosting services is issued to you and we have not received payment in full, we will suspend your account, which means that your data, files and website will become in-active and cannot be accessed. If in the following 30 days you pay all amounts due, bringing your account up to date, we will take your account out of suspension and the data will be available again immediately. You must have an active method of payment upon you account for your autorenewal at all times, failure to do so can result in you account being suspended or cancelled automatically.
If, however, 30 days pass from the date on which your account is suspended and you have not made payment in full, IBSPoint shall have the right to delete all data you have uploaded to the servers. To summarize, if you get 60 days behind in making payments, your data will be deleted. You hereby acknowledge that this is IBSPoint’s policy when it comes to data retention, and waive all rights in and to your data in these situations.
Invoices for renewals will be issued and charged up to 7 days in advance to ensure the we receive cleared funds for the continued hosting service and domain renewal.
IBSPoint is unable to process orders placed using virtual/pre-paid/gift cards as we are unable to accurately verify them. In such cases it is advised that you pay through a PayPal account if you have no other valid credit card to make the payment from.
All the above terms and conditions apply for IBSPoint’s Reseller Accounts with the following exceptions.
The disk space and bandwidth for each reseller account is outlined in each of the four plans here http://ibspoint.com/resellers-and-affiliates/. Please note only the Platinum Reseller Account offers unlimited disk space and bandwidth.
IBSPoint offers a choice of billing softwares free as part of each reseller plan. Only one billing software license can be assigned per reseller account. If you cancel your account with IBSPoint your software license will be deleted and you will no longer be able access to it.
On cancellation the fee deducted from any refunds will be $9.95 which is the cost IBSPoint incurs to register the domain on the account.
If you cancel your IBSPoint Reseller account and you have a domain account with eNom though us the following will take place:
– If you have no domains in your enom account your account will be deleted.
– If you are using your account you will need to have it transferred out of our account and into a new account at www.enomcentral.com. We will then not be responsible for your account will not then handle any support questions. Your domain pricing will be managed by eNom.
These Terms of Service May Change
Due to our evolving business, and the changing nature of the web hosting industry, these terms of service may change. We will post the changes here, and your continued use of the service means you accept the changes we have made.
DMCA Copyright Infringement Information
In accordance with the Digital Millennium Copyright Act, we have adopted a policy to suspend or terminate the accounts of website owners found to be in violation of copyright. We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent (identified below) the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our agent for notice of claims of copyright infringement can be reached as follows:
29 Rawasi Street
By phone: +962 79 5153453
By email: support@IBSPoint.com
If IBSPoint is sued or threatened with a lawsuit from a third party because of something you do with the services, or as an affiliate you agree to pick up the tab if IBSPoint is found liable or pays to settle the dispute. In legal terms, this is called “indemnification.” Not only do you agree to reimburse IBSPoint for what it pays to satisfy a judgment or settle a case, you also agree to pay IBSPoint’s reasonable attorney’s fees and all other costs IBSPoint incurs in defending itself.
Disclaimer of Warranties
You may have noticed that up to this point these terms of service have been kind of easy to read and understand. But our lawyers tell us that this section, dealing in the disclaimer of warranties, has to retain its legalese style. Sorry about that. IBSPoint EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IBSPoint MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. IBSPoint DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to you.
Limitation of Liability
Here is another section that has to retain its legalese. Simply stated, what this section is saying is that if something goes wrong, IBSPoint cannot be held liable for it. IN NO EVENT SHALL IBSPoint BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF IBSPoint HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states may not allow such a broad exclusion or limitation on liability for damages as contained in these terms of services. In those states, our liability is limited to the full extent permitted by law. You agree that in no event shall our maximum aggregate liability exceed the total amount paid by you for the services in dispute purchased from us, or, in the event of liability of IBSPoint due to your enrollment in the affiliate program,
Terms Applicable to Affiliates
If you become an affiliate of IBSPoint, the following terms apply to you.
Our Affiliate Network
To participate as an affiliate, you are required to complete an affiliate application located at http://ibspoint.com/resellers-and-affiliates/. The application will be evaluated, and we will notify you in a reasonable time whether your application has been accepted. At our discretion, we may decide for any reason that your site cannot participate in our network. If you are a U.S. resident, we will require that you provide us with your Social Security Number or Tax ID number. We do not require this information for international affiliates.
How it Works
We provide our affiliates with a unique tracking code. This code must be placed in the HTML of your website and when clicked on will direct visitors to your site to IBSPoint.com or one of our other websites. If the visitor to your site places an order in the following 365 days from the same computer (cookie tracking) or the same Internet connection (ip tracking), our automated system will track the sale and automatically credit your account.
Commissions will be paid to affiliates based on successful referrals. A successful referral, or sale, is defined as: a non-fraudulent, active for a period of thirty (30) days, not cancelled web hosting client who has paid for services in full and has been directed to us through your affiliate tracking link.
Because of the high frequency of credit card fraud and cancellation rates, we reserve the right to hold commissions for up to 60 days for verification. We also reserve the right to cancel commissions in the event that we are unable to collect funds, the order is fraudulent, the customer cancels within the first 30 days, or if we learn that the commission was earned improperly for any other reason. Affiliates are NOT permitted to offer coupon codes except those that are automatically entered on the IBSPoint sign up page i.e “BestHosts2008” and FreeDomain4Life. If a coupon code is entered within an order of a referral then credit for the sale may not be issued.
There are two pay periods during every month. Pay periods are two weeks long. The first pay period is from the 1st of the month until the 15th. The second is from the 16th of the month to the last day of the month. IBSPoint will process affiliate commissions for the past month period before this on these dates and issue payments. For example: On January 5th you earn $500 via the IBSPoint Affiliate Programs. The commission becomes mature 30 days after we track it, or in this case on February 5th. The next pay date is February 16th, so on February 16th you would be paid for these referrals. This time frame allows us to evaluate every order and assess its validity. In the event we are unable to verify the order during this time frame, we may, at our sole discretion, hold your commission or cancel the order. Cancelled commissions cannot be reinstated.
Commission rates are posted on http://www.ibspoint.com/billing/affiliates.php and will be updated from time to time. If you have received a custom commission from us in exchange for a large number of referrals, then IBSPoint may modify your account settings to reflect this. We consider custom commissions for any affiliate who is able to send five (5) or more new customers per month. Our various programs are managed by various affiliate managers, which can be found at http://www.ibspoint.com/billing/affiliates.php
Affiliate Support Services
IBSPoint will provide reasonable support services to affiliates. Certain affiliates who have demonstrated a high level of volume will be assigned dedicated account managers. In most cases, affiliate managers are assigned based on the brand which you are promoting.
Term of the Agreement
The term of this affiliate agreement will begin upon our acceptance of your affiliate program application, and will end when terminated by either involved party. Either party may terminate the affiliate relationship, with or without cause, by giving written notice of termination to the other. Notice of termination must be delivered to us by sending an e-mail to affiliates [at] IBSPoint.com Once terminated, you will not be eligible to receive commissions for any future referrals.
Governing Law and Choice of Form
The laws of the Hashemite Kingdom of Jordan will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the state courts located in Amman, Jordan. When These Terms Take Effect
This agreement becomes effective once you submit your order with us or open an account with us for web hosting services of any kind (dedicated, vps, shared, etc.) or open an affiliate account at http://www.ibspoint.com/billing/affiliates.php . If you are an existing customer, and you do not agree with the terms herein, please cancel your account. Otherwise, if you sign up for or continue to use the services, you agree to what is written here. If you have any questions regarding these terms of service, feel free to call us for clarification.
By using Sami Al-taher IT Establishment. you agree to the above terms of service.
IBSPoint.com IBSVDS and IBSRackService Agreement
Standard Terms and Conditions of Use
The following words used in context of the Service Agreement are defined as follows:
“Client”: The person or entity who is applying for Internet Services
The Provider agrees to provide, and Client agrees to receive, access to the services according to the following terms and conditions:
Term and Cancellation
A 30 day no-obligation trial period applies to all new accounts. After the initial 30 day evaluation period the client agrees to a minimum 3 month term of service after which this Agreement may be terminated by either party, without cause, by giving the other party 90 days written notice. Notwithstanding the above, the Provider may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement.
Lawful Purpose and Acceptable Use
Client may only use the Provider’s Server for lawful purpose. 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, pornographic, profane, or material protected by trade secrets. The Provider strongly encourages you to choose carefully what you place on the server for distribution over the Internet. What you may not consider to be pornographic may be ruled as such in another jurisdiction. The Provider reserves the right to remove any material that it deems to be obscene, pornographic, etc. We will not knowingly host any site that has sexually oriented materials.
Our servers exist to serve commercial web sites and servers only, and their associated utilities. Telnet and FTP exist only to maintain your Virtual or Dedicated Server, and are not “shell” or “dial-up” accounts.
The following are not allowed on our servers:
Adult or Sexually oriented materials of any kind.
Bulk e-mail to or from our servers.
Sending unsolicited e-mails to more than 25 persons per day.
Receiving responses to bulk e-mails from any other location.
Any programs which monopolize CPU time, bandwidth, or Disk activity.
Any program that has an adverse affect on other users.
Any program that we feel poses a security risk.
Any program that we feel is inappropriate on our servers.
Our servers are UNMETERED usage, which means we do not charge based on the number of hits, or the megabytes of data transferred. We are NOT, however, UNLIMITED usage. Any program or User who causes the servers performance to be adversely affected, or who monopolizes the servers CPU, Bandwidth, or Disk Activity will be asked to curtail the activity or reduce usage. Any user who’s site or software threatens the availability of services to other customers may be disabled immediately if we feel that it is necessary to protect our other clients interest. Violations of any of our policies may result in account termination or suspension.
At the Provider’s and its officer’s discretion, access to the services may be revoked at any time for abusive conduct on or of the Internet and its resources as a whole. The Provider and its officer’s are deemed as authority to define abusive conduct to the system, and definitions may periodically change or be amended to previous ones. The Provider reserves the right, in its sole discretion, to deactivate the Client’s account(s) upon an indication of credit problems including delinquent payments.
Representations and Warranties
The parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, the Provider can make no guarantee that any given reader shall be able to access The Provider’s server at any given time. The Provider represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible.
THE PROVIDER’S SERVICE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. The Provider claims no control whatsoever over the content of the information passing through the service and makes no warranties of any kind, whether expressed or implied, for the service it is providing. The Provider also disclaims any warranty of merchantability or fitness for a particular purpose.
THIS NO WARRANTY EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY PROVIDER OR ITS PROVIDERS BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES. The Provider is not responsible for any damages arising from Client’s use of Provider or by Client’s inability to use the services for any reason. Further, you agree to indemnify and hold harmless the Provider from any claims resulting from your use of the service which damages you or another party.
While Provider shall make every reasonable effort to protect and backup data for Client on a regular basis, the Provider is not responsible for Client’s files residing on the servers of the Provider. Client is solely responsible for independent backup of data stored on Provider. The Provider will not be responsible for any damage you suffer. This includes loss of data resulting from delays, nondeliveries, or service interruptions caused by its own negligence or your errors or omissions.
Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. The Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize.
Client expressly agrees that use of the Provider’s Server is at Client’s sole risk. Neither the Provider, its employees, vendors, affiliates, agents, third party information providers, merchants licensers or the like, warrant that the Provider’s Server service will not be interrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Provider’s service, unless otherwise expressly stated in this Agreement.
Limitation/Disclaimer of Liability
Under no circumstances, including negligence, shall the Provider, its offices, agents or any one else involved in creating, producing or distributing the Provider’s Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Provider Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to the Provider’s records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on the Provider’s Server service.
Notwithstanding the above, Client’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement and any reasonable attorney’s fee and court costs.
Connection speed represents the speed of a connection to and does not represent guarantees of available end to end bandwidth. The Provider expressly limits its damages to the Client for any non-accessibility time or other down time to the pro rata monthly charge during the system unavailability. The Provider specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not “Server-ready”, the Provider may, at its option and at any time, reject this material, including but not limited to after it has been put on the Provider’s Servers. The Provider agrees to notify Client immediately of its refusal of the material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of the Provider. If the Client fails to modify the material, as directed by the Provider, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.
Client agrees that it shall defend, indemnify, save and hold the Provider harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against the Provider, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless the Provider against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with the Provider’s Server; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on the Provider Server.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by the both parties upon renewal of Agreement and must be made in writing and signed by both parties.
Resale of the Provider’s Service
If Client acts as a “reseller” of the services provided by the Provider to Client hereunder, by the Client providing similar services to its customers, then all the terms of this Agreement shall apply to and be provided to the resale client. Without limiting the foregoing, Client’s obligations under this Agreement shall apply to any and all claims made against Client and/or the Provider which arise out of the resale of the Provider’s services.
(a) All prior understandings, agreements, representations and warranties, oral or written, between the Client and the Provider are merged in this agreement; it completely expresses their full agreement and has been entered into after full investigation, neither party relying upon any statement made by anyone else that is not set forth in this contract. Further, this Agreement contains the entire agreement between the parties with respect to these matters and there are no promises, agreements, conditions, undertakings, understandings, warranties, covenants or representations, oral or written, express or implied, between them with respect to this Agreement, or the transaction described in this Agreement, other than as set forth in this Agreement.
(b) Neither this contract nor any provision thereof may be waived, changed or cancelled except in writing. This contract shall also apply to and bind the heirs, distributees, legal representatives, successors and permitted assigees of the respective parties.
(c) Each of the parties hereto shall pay its own expenses in connection with this Agreement and the transactions contemplated hereby, including the fees and expenses of its counsel and its certified public accountants.
(d) Assignment. The Provider may assign this Agreement. The Customer may not assign this Agreement without the Provider’s written consent.
(e) Attorney’s Fees. If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys’ fees and costs incurred in the proceeding from the nonprevailing party, as well as any reasonable attorneys’ fees and costs that the prevailing party incurred prior to commencing the proceeding.
(f) IP Addresses. The Provider maintains control and any ownership of any and all IP numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
(g) Relationship of the Parties. The parties intend that an independent contractor relationship will be created by this agreement, and that no partnership, joint venture or employee/employer relationship intended.
(h) Governing Law. All questions with respect to the construction of this Agreement and the rights and liabilities of the parties under this Agreement shall be determined in accordance with the laws of the Hashemite Kingdom of Jordan.
Use of any or all of the Providers services constitutes acceptance of these terms and conditions.