iSafeTECH
This is an agreement between iSafe Technologies, Inc. and you, “the Customer”, to provide Internet Service. All users of iSafe Technologies, Inc.’s Internet services or “the Services” – visitors who access some of our Services but who are not Customers, as well as those who pay a monthly service fee to subscribe to “the Services”. By establishing an account, from using our Internet Service technologies, Web Hosting, eMail Services, using the equipment or indicating agreement through software or Web Sites, you agree to be bound by this Agreement, including future revisions and to use “the Services” in compliance with our current Acceptable Use Policy or AUP.
iSafe Technologies, Inc. will never require Customers to advertise for iSafe Technologies, Inc. on their Web Site in any way shape or form unless in written contract form. The customer is allowed, bound by our AUP, to use “the Services” for business, commercial or personal content.
Content:
All services provided by iSafe Technologies, Inc. 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 that is threatening or obscene, material that is “adult only” content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless iSafe Technologies, Inc. from any claims resulting from the use of “the Services”; which damages the subscriber or any other party.
Pornography and Adult Content-related:
Pornography and Adult Content-related merchandising, whether website content or email, are prohibited by iSafe Technologies, Inc. on “the Services”. This includes sexual content, or direct links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our network or any other server on the Internet. Links to such materials are also prohibited. iSafe Technologies, Inc. will be the sole arbiter as to what constitutes a violation of this provision.
Examples of non-acceptable content or links consist of Pirated software, Hacker programs or archives, Warez Sites, Pornography related material and Virus, Malware, Spyware or Spamming Software of the like. iSafe Technologies, Inc. will be the sole arbiter as to what constitutes a violation of this provision.
Violation of indecency and obscenity laws can result in criminal penalties with Local, State or Federal Law Enforcement.
Customer Traffic Guidelines: (Shared Services)
Due to the unique resource characteristics and traffic patterns associated with certain types of sites, the following are limited to 30 gigs (on average, close to a 100,000 hits per month) of free traffic/bandwidth per month:
* Sub hosting – any domain housing additional users
* Shareware, sound, video, image and multimedia archives
* Mirror sites
* Distribution points
* Any site whose primary purpose is file distribution
* All sites with files other than plain text web pages
* Sites that go over the allowed free traffic will be charged $25/gb of data transfer monthly. Extra bandwidth must be purchased 5 gigs at a time. Sites must pre-pay this fee, and site is subject to suspension if bandwidth is unpaid.
Defamation:
Defamatory speech distributed over the Internet can result in civil liability for the defamer.
Background Running Programs:
Background-running programs are prohibited and strictly enforced. We may allow programs to run continually in the background, these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. Any web site that uses a high amount of server resources (such as, but not limited to CPU time, memory usage, and network resources) can be suspended without notice, and then may be given an option of either upgrading their service level or reducing the resource used to an acceptable level.
IRC:
We do not allow links to or the usage of IRC or IRC bots.
CGI Scripts:
iSafe Technologies, Inc. accounts come fully equipped with its own pre-configured CGI-Bin. Customers are free to use any CGI-scripts provided with their account or add any additional ones they require. Any CGI-scripts deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice. CGI-script sharing with domains not hosted by iSafe Technologies, Inc. is not allowed and will be banned or shutdown.
Network Security:
Customers may not use “the Services” with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. iSafe Technologies, Inc. will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with Local, State and Federal Law Enforcement Authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
Web Site and Marketing Presence Design:
Your Web Site and Marketing presence is an original creation unique to your identity. The customer must obtain legal advice regarding securing an identity. Appending copyright, trademark or registered trademark will be used upon your request and the liability of the Customer. iSafe Technologies, Inc. may not be held responsible for damages, whether civil or criminal resulting from any possible infringement from Web Site, logo designs, content or graphic display produced or not produced by iSafe Technologies, Inc. iSafe Technologies, Inc. will attempt, in all our abilities, to utilize all legal precautions to prevent the production or posting of Copyright material.
Customers must abide by all applicable laws concerning privacy of online communications. iSafe Technologies, Inc. holds no responsibility and if a lawsuit ensues, Customer will pay all damages incurred against iSafe Technologies, Inc, plus all costs and attorneys fees related.
Intellectual Property Rights:
Material accessible to you through iSafe Technologies, Inc. may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use “the Services” in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the iSafe Technologies, Inc. If you use a domain name in connection with the iSafe Technologies, Inc. or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
eMail Virus Protection & Anti Spam Software:
Virus & Spam protection service is automatically activated for Customers email hosting plans.
The Customer acknowledges that no anti-virus software can guarantee to detect 100% of viruses and accepts use of the Spam/Virus Services at their own risk. The Customer acknowledges that iSafe Technologies, Inc. cannot and does not warrant that the Spam/Virus Services installed on iSafe Technologies, Inc. network will detect all viruses present in e-mails scanned by and transmitted via iSafe Technologies, Inc.’s servers or will capture all unwanted email sent to the Customer, nor that all wanted email will be passed through the filters.
iSafe Technologies, Inc. reserves the right to remove attachments from incoming email messages if there is any indication that the attachment is, or might be, infected with a virus.
iSafe Technologies, Inc. reserves the right to ban or disable communication from an email message or complete domain violating this or any policies.
iSafe Technologies, Inc. makes no warranty that the Spam/Virus Services will be error free or free from interruption of failure. iSafe Technologies, Inc. expressly disclaims any express or implied warranty regarding system and/or the Spam/Virus Services availability, accessibility, or performance. The Spam/Virus Services provide a high level of protection against viruses but the Customer acknowledges and agrees that it is solely responsible for protecting its property and email accounts from virus threats hacking or website ‘hijacking’.
The Customer waives any claims against iSafe Technologies, Inc. in connection with access to or use of the Spam/Virus Services installed on iSafe Technologies, Inc.’s servers, including without limitation any claims based upon the deletion, misdirection or delay of emails and loss of, damage to, records or data. Due to the volatile nature of Technology and the Internet and its offerings, the supplier of the Software does not guarantee the accuracy of the performance of the Spam/Virus Services, nor is it guaranteed. By choosing to use the Spam/Virus Software, the Customer agrees to hold iSafe Technologies, Inc. faultless for any damages resulting from the use of the filtering service.
Spam Or Unsolicited eMail:
You must not use the iSafe Technologies, Inc. equipment or any iSafe Technologies, Inc. email address in connection with the transmission of Spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the iSafe Technologies, Inc., iSafe Technologies, Inc. equipment or any iSafe Technologies, Inc. email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one’s email address accessible to the public will not constitute a request or invitation to receive messages.
If you are found to have spammed or violated this policy or agreements, without warning, iSafe Technologies, Inc. reserves the right to disable your domain until such time. In addition, a fine may be imposed as much as a $500 penalty for each Spam policy related violation.
iSafe Technologies, Inc. solely reserves the right to refuse or cancel service to known Spam users. iSafe Technologies, Inc. reserves the right to determine what violates this policy.
As such, any violation will result in immediate deactivation of services without refund.
Limited Liability Provider:
iSafe Technologies, Inc. shall not be liable under any circumstances for any special, consequential, incidental or exemplary damages arising out of or in any way connected with this agreement or services, including but not limited to damages for lost profits, loss of use, lost data, phone bills, communication lines bills, loss of privacy, damages to third party even if customer has been advised of the possibility of such damages. The foregoing limitation of liability shall apply whether any claims based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose or otherwise. Further, Customer will not censor any content on the Internet. It will be Customer’s responsibility for the usage of his account and any consequences of this usage.
Billing:
Cut off period for billing errors is set for 90 days. Customer agrees that he has no rights to claim any billing errors for period earlier than 90 days from the date of the claim. All bills are final and complete after 90 days. The Customer agrees to provide to iSafe Technologies, Inc. any changes to the billing information promptly. This includes credit card info, address, phone, checking account info, etc.
Excused Downtime:
iSafe Technologies, Inc. shall not be deemed to be in default of or to have breached any provision of this agreement as a result of any delay, failure in performance or interruption of “the Services”, resulting directly or indirectly from acts of Nature, acts of civil or military authority, civil disturbance, war, strikes or other labor disputes and disturbances, fire, transportation contingencies, shortages of facilities, fuel, energy, labor or materials, or laws, regulations, acts or order of any government agency or official thereof, other natural catastrophes, or any other circumstances beyond iSafe Technologies, Inc.’s reasonable control. In the event of any such delay or failure, the parties shall defer performance of “the Services” to a date and time mutually agreeable.
Scheduled Maintenance:
Customer hereby acknowledges from time to time, maintenance services on “the Services” network, with or without notice to Customer, which may result in the unavailability of “the Services”.
Downtime or unavailability resulting from Scheduled or non-Scheduled Maintenance shall not constitute a Qualified Network Downtime Event or qualify for any refund in service.
Emergency maintenance and maintenance not given Customer notice in accordance with this agreement or policies shall not be deemed Scheduled Maintenance, but constitutes emergent factors in the restoration of “the Services” to full performance and complete quality levels.
Abuse:
Any attempts to undermine, slander, libel, threaten, swear at, or cause harm to “the Services” or iSafe Technologies, Inc. electronic network hardware or software, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all abusive attempts to the fullest extent of the law.
Indemnification:
Customer agrees that it shall defend, indemnify, save and hold iSafe Technologies, Inc. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against iSafe Technologies, Inc., 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 iSafe Technologies, Inc. against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with “the Services”; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of iSafe Technologies, Inc. to the amount paid for service.
Refunds:
iSafe Technologies, Inc. offers a 30-day money back guarantee on website hosting plans only. Other purchases such as but not limited to web site design and logo design are non-refundable. After this 30-day period there are no refunds or cancellations. Further, any and all additional fees or fines incurred while using our service (including but not limited to spamming fines, traffic overage charges or abuse fines) are non-refundable and may not be cancelled in any way. If you request and receive a refund for your purchase, and you have not paid all of your fines and/or additional charges, you will be billed for the balance due. This means that you will not be given access to files stored on our servers. If you ever return to host with us, you must pay any balance due and possible interest incurred before you can host with us again. Refunds resulting from our decision to terminate your service (per “Refusal of Service” below) may or may not be issued and is at our sole discretion.
Refusal of Service:
iSafe Technologies, Inc. reserves the right at its sole discretion to refuse or cancel services. Violations of this agreement could result in a warning, suspension, or possible account termination. Account termination due to agreement violations will not be refunded under any circumstances.
Payment Terms:
The Customer can terminate “the Services” with advance notice in writing only to the billing department by US Postal mail and authorization from iSafe Technologies, Inc. billing department. The Customer understands that there will be no reimbursement and no pro-rate if he decides to terminate “the Services” before the end of a prepaid term, regardless of the reason for the termination. iSafe Technologies, Inc. can terminate this agreement at the end of a billing period, with a 30 day notice. iSafe Technologies, Inc. can terminate this agreement immediately without any compensation if Customer does not comply with this Agreement.
Disclaimer:
iSafe Technologies, Inc. will not be held responsible for any damages your business may suffer. iSafe Technologies, Inc. makes no warranties of any kind, expressed or implied for “the Services” provided by iSafe Technologies, Inc. or 3rd party software services. iSafe Technologies, Inc. disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by “the Services” and its employees. iSafe Technologies, Inc. reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation. iSafe Technologies, Inc. reserves the rights to change, edit, or update the policies contained in this document at any time for any reason without notice.
Warranties and Representations:
The Customer warrants that all information provided by you in connection with your use of iSafe Technologies, Inc. services is current and accurate to the best of your knowledge.
iSafe Technologies, Inc. services, also known as “the Services”, are provided to you “As Is” and we make no representations or warranties of any kind whatsoever, expressed or implied, in connection with this agreement. Without any limitations to the foregoing, iSafe Technologies, Inc. makes no representation or warranties that the registration of domain names or use of a domain name under this agreement will immunize you either from challenges to your domain name registration, or from suspension, cancellation, or transfer of the domain name registered to you.
Domain name registrations, whether applied to website content or parked, requires full payment of registration services. Non-payment of domain registration services may result in the loss of such domain name and becomes the sole discretion of said ownership by iSafe Technologies, Inc.
The Customer represents that, to the best of your knowledge and belief, neither the registration of the domain name you a have applied for nor the manner in which it was intended to be or is directly or indirectly used infringes the legal rights of a third party.
Rev. 6/1/2009
Service Agreement ver. 2.b
iSafe Technologies, Inc.
