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Terms & Conditions

 

Terms and Conditions

ACCEPTANCE OF TERMS

Ideaz Technologies provides web hosting to many clients, and we have a responsibility to protect each client and to provide the best services available. The following guidelines were designed to ensure these obligations are met.

By accessing and using the Ideaz Technologies services, you accept and agree to be bound by the terms and provisions of these terms of service, which may be updated by us from time to time without notice to you.

 

Content:

All services provided by Ideaz Technologies 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, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Ideaz Technologies from any claims resulting from the use of the service which damages the subscriber or any other party directly or indirectly.

Pornography and sex-related merchandising is prohibited on all Ideaz Technologies servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Ideaz Technologies will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity, indulge in offering services like online lottery, or present content that may be damaging to Ideaz Technologies 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, Any Site running background processes for fetching the data from internet websites, Any Site that consumes more than 10% of system resources, IRC Bots, imaging and file dump, mirror, Proxy Scripts, top sites (Warez), High-Yield Interest Programs (HYIP) or related sites, Escrow, Investment sites (egold exchange, FOREX), sale of any controlled substance without prior proof of appropriate permit(s), Bank Debentures, AutoSurf sites, Bank Debenture Trading Programs, Prime Banks Programs, muds (multi-player computer game and chat rooms) / rpg's (Role-playing game), Brute Force Programs, hate sites, sites promoting illegal activities, IP Scanners, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited. You cannot use your space for backup/storage device with the exception of your own web site.

Following are a list of sites that will often require more than 10% of our systems resources: Multiple domains residing at a single IP address, domains with archives or galleries, (i.e. .gif, .jpg, .exe, .zip, .tar, etc.), and domain accounts offering download files. We are not saying that your web site cannot contain such files, however if at any time they consume 10% or more of our systems resources you will be contacted to resolve the problem.

Ideaz Technologies will be the sole arbiter as to what constitutes a violation of this provision, and will have the right to terminate your hosting account without any prior notice without any refunds. We take this very seriously, and will not make any exceptions to this clause

 

Traffic Usage:

All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $2.00 for each gig of traffic exceeded. This amount is not prorated, this meaning that 1 mb - 1 gig will be treated and billed as the same.

All our clients agree that bandwidth and disk usage shall not exceed the maximum number of megabytes per month for the service plan subscribed by the customer.

Ideaz Technologies will monitor subscribers’ bandwidth and disk usage. Ideaz Technologies shall have the right to take corrective actions if subscribers’ bandwidth or disk usage exceeds the Agreed Usage. Such corrective actions may include the assessment of additional charges, disconnection or discontinuance of any and all services, or termination of this Agreement at any time as deemed necessary, which actions that may be taken in the sole and absolute discretion of the Ideaz Technologies. If Ideaz Technologies takes any corrective action under this section, a client shall be entitled to a pro-rated refund of any fees paid in advance prior to such action.

In case of a site residing on a Linux server, an automated notification is sent when the disk/bandwidth usage reaches up to 80% of the agreed limit. The client is thus notified to keep the usage within the allocated limit. However, if the bandwidth and/or disk usage exceeds the allocated limit the domain will be automatically suspended immediately without any further notification to this regard and Ideaz Technologies will not be responsible for any damage/loss arising out of it.

In case of a site residing on a Windows server, we shall notify our clients when their disk/bandwidth usage reaches up to 100% of the agreed limit and request them to either restrict it or to go for extra space / bandwidth. If he fails to do so then the concerned account will be suspended and Ideaz Technologies will not be responsible for any damage/loss arising out of it.

 

Domain Name Registration:

Ideaz Technologies assists its clients to have a domain name registered with ICANN approved registrars just for the sake of assistance only. Under no circumstances Ideaz Technologies will own or otherwise control any domain name/s registered on behalf of its clients. All the subscriber/clients of Ideaz Technologies have waived any and all claims which they may have, or which may later arise against Ideaz Technologies for any and all damages, losses, claims or expenses arising or related to the acquisition, registration, ownership or any other related issues of the Domain Name. Any cost incurred by Ideaz Technologies – except for the Domains Name Registrations offered with some business promotion schemes – to obtain and / or maintain the Domain Name on behalf of its clients shall be charged to them by Ideaz Technologies.

We are providing this assistance considering that all our subscribers/clients have gone through ICANN guidelines placed at http://www.icann.org/udrp/udrp-p olicy-24oct99.htm and understood them.

 

Copyright Infringement:

Ideaz Technologies supports the protection of intellectual properties and copyrighted materials hence we have provided following guidelines to take care of copyright infringements complaints.

Notice for Making Claim for Copyright Infringement:

Under Title 17, United States Codes, the notification of Claimed Infringement must include certain information. Therefore, all the claims pertaining to infringement of copyright materials must be submitted to support@Ideaz .net along with the following necessary information for further course of actions: 

 

1.     A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2.     Identification of the copyrighted work that claimed to have been infringed;

3.     The URL and other information reasonably sufficient to permit us to locate the copyrighted material;

4.     Your name, address, phone number and email address;

5.     A statement that you have a good faith, belief that the use of the materials in the manner complained of, is not authorized by the copyright owner, its agent or the law;

6.     A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

When we have all required information as prescribed above, we shall take necessary steps to remove or disable the access to the materials in question, regardless of whether the materials or activities is determined to be infringing, if selection action is not possible Ideaz Technologies will terminate the infringer’s account with us.

Ideaz Technologies will also take reasonable steps to promptly notify the alleged infringer in writing of the claim against him or her, and that it has removed or disabled access to the material or terminated Internet access.

 

Notice of Counter Notification:

On receipt of the notification of infringement of some copyrighted materials and the subsequent actions taken by Ideaz Technologies the client may provide a counter notification along with following mandatory information as stated below:
 

1.     It must be sent to support@Ideaz.net within 10 days from the receipt of the said copyright infringement notification;

2.     A physical or electronic signature of the subscriber;

3.     Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

4.     A statement, under penalty of perjury, that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

5.     Your name, address, phone number and email address;

6.     A statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the subscriber’s address is located, or if the address is outside of the USA, for any judicial in which the service provider may be found, and the subscriber will accept service of process from the person who provided notification or an agent of such person.


On receipt of counter notification from the subscriber Ideaz Technologies will provide the complaining party a copy of the Counter Notification and inform the complaining party that it will replace the removed materials or cease disabling access to it within 10 business days from the receipt of the Counter Notification. Ideaz Technologies will then cease the disabling access to the removed material or replace it in not less than 10 days nor more than 14 business days following the receipt of the counter notification, provided Ideaz Technologies has not received notice from the complaining party that an action has been filed seeking a court order to restrain subscriber from engaging in infringing activities relating to the materials on Ideaz Technologies’s network or system.

 


 

Commercial Advertising / Unsolicited Bulk e-Emails (SPAM):

Spamming, or sending of unsolicited emails from an Ideaz Technologies server or using an email address or domain that is maintained on an Ideaz Technologies machine as reference is STRICTLY prohibited. This means that clients of Ideaz Technologies will not use or permit others to use our network to transact in UCE (Unsolicited Commercial Emails). Violation of Ideaz Technologies's SPAM policy or anyone causing any of our IP space to be listed in any of the various Spam Databases will result in severe penalties.

Apart from it we also hereby prohibit:
 

1.     Any kind of News Bombing activities through emails that obstructs another people's use of e-mail services or news;

2.     Any activity that is involved in forging any message header, in part or whole of any electronic transmission origination or passing through the Ideaz Technologies service;

3.     The use of the Ideaz Technologies service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Ideaz Technologies's or another entity's computer software or hardware, electronic communication system, or telecommunication system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited offending.

Opt-Out mailing lists are strictly prohibited. This includes any lists or databases purchased or otherwise obtained from third parties, as the persons on such lists did not specifically solicit mail from you. Any mailing lists you maintain must be true confirmed opt-in in nature. (Information regarding confirmed opt-in lists and responsible e-mail marketing can be found here and here) This requires a user to specifically request to be added to your mailing list. Having to unsubscribe from mailing lists during product registration and similar sign up forms is not classified as opt-in, but rather opt-out, which is in violation of this UCE policy. In addition, any opt-in mailing lists must include an automated unsubscribe facility where clicking on a link within the e-mail will automatically and immediately unsubscribe users from lists. Reply-to e-mail addresses to unsubscribe are known to be ignored and are unreliable, therefore not permitted within our UCE policy.

Upon notification of an alleged violation of our SPAM and other email policies listed as above, Ideaz Technologies will initiate an immediate investigation (within 48 hours of notification). During the investigation, Ideaz Technologies may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Ideaz Technologies may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Ideaz Technologies reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Ideaz Technologies will notify law enforcement officials if the violation is believed to be a criminal offense. First violations of this policy will result in an "Administrative Fee" of $200 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $400 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $180 per hour that Ideaz Technologies personnel must spend to investigate the matter. Ideaz Technologies will be the sole arbiter as to what constitutes a violation of this provision.

Though we do not allow any form of SPAMMING from our servers and make sure that no such activities are done from our server, we DO NOT support email forwarding facility through AOL, comcast.net, att.net, sbcglobal.net, msn.com, hotmail.com, live.com, msn.net because it has been our experience that instead of tracing the origination of the SPAMING they blacklist and block the immediate source of email thus jeopardizing the entire email activities en-routed through them.

 

 

Server Abuse:

Any attempt to undermine or cause harm to a server, or customer, of Ideaz Technologies is strictly prohibited.

 

Refusal of Service:

We reserve the right to refuse, cancel, or suspend service at our sole discretion. All Sub-Networks, distributive hosting sites and dedicated servers of Ideaz Technologies must adhere to the above policies. 

 

 

Refund Policy:

Ideaz Technologies offers a 30 (thirty) day money back guarantee only on our Windows and Linux Shared Web Hosting services and a 7 (seven) day money back guarantee only on our Windows and Linux VPS Hosting services. Domain names registered / transferred / renewed through our services are subject to the yearly domain registration fee of $8.99. If you decide to cancel your shared hosting account within the 30 (thirty) day period, or you decide to cancel your VPS hosting account with the 7 (seven) day period, you will receive a full refund on the hosting fees. The domain registration fees are non-refundable. Refunds will not be honored if cancellation notices are received after the respective 30 (thirty) days for shared hosting accounts and 7 (seven) days for VPS hosting accounts. Domain names can be transferred to an alternate domain registrar or you can point to alternate hosting provider. In case if any customer decides to transfer his/her domain to some other registrar, it is necessary for him/her to notify us at accounts@ideaz.net about this change so that our billing records could be updated. If we are not properly notified, our automated system will generate invoices and subsequent payment notifications. 


 

Taxes & Dues:

Any taxes or dues to be paid in relation to the purchase or use of our electronic services in the jurisdiction of where the purchaser resides as a result of the purchaser purchasing this service contract then the purchaser accepts they are wholly responsible to pay those taxes/dues if any and the purchaser upon acceptance of the service automatically indemnifies Ideaz Technologies and its directors from such taxes or dues.

 

Charge backs:

In case a customer withdraws his payments via bank or CC using a charge back it may be subject to a punitive fee of $20, if Ideaz Technologies deem this chargeback to be unfair. Ideaz Technologies reserves its right to defend this type of charge backs and recover the original monies from the card issuer.

 

REFUSAL OF SERVICE:

Ideaz Technologies reserves the right to refuse, cancel, or suspend service, without notice, at its sole discretion without refunds
 

 

LIMITATION ON IDEAZ TECHNOLOGIES LIABILITY

IDEAZ TECHNOLOGIES  SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL IDEAZ TECHNOLOGIES BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT IDEAZ TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IDEAZ TECHNOLOGIES SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. IDEAZ TECHNOLOGIES'S ENTIRE LIABILITY AND SUBSCRIBER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF SUBSCRIBER'S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL IDEAZ TECHNOLOGIES'S LIABILITY TO YOU, THE SUBSCRIBER, EXCEED THE FEES PAID BY YOU FOR IDEAZ TECHNOLOGIES  SERVICES.  NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION . SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, IDEAZ TECHNOLOGIES'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

INDEMNIFICATION

You agree to indemnify and hold harmless Ideaz Technologies, and its parents, subsidiaries, affiliates, co-branders or other partners, officers, directors, shareholders, employees, and agents, from any claim, demand, or investigation, including reasonable attorneys fees, made by any third party due to or arising out of your content, your conduct, your use of the service, the goods or services offered or sold through your service, any alleged violation of these terms, including any applicable policies, law, or regulation, or any alleged violation of any rights of another, including but not limited to your use of any content, trademarks, service marks, trade names, copyrighted or patented material, or other intellectual property used in connection with your service. Ideaz Technologies reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, but doing so shall not excuse your indemnity obligations.

 

ACCOUNT ACTIVATION:

By activating your account with Ideaz Technologies, you agree to the above policies and disclaimer. Upon requesting an account activation, you are required to accept these policies, guidelines, and disclaimer. 

 

NOTICE:
Ideaz Technologies retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification. We also retain the right to change any pricing, and make changes to our account plans without notification, however change in pricing will not affect your existing order.

**If your account is found to contain illegal activity, Illegal MP3 Files, Pirated software, hacker programs, Warez programs, or any other illegal files, your account will be terminated immediately without notice and a $50.00 Cancellation fee will apply. ** Also the proper (and your local) authorities will be notified of your actions. 

**Please understand that if your account is terminated due to the misuse of your account resulting from spam or any other methods prohibited by our service, your hosting account will be immediately suspended/deleted without any prior notification, and you will not be refunded under any circumstances.