Interkey.net

Acceptable Use Policy

This document is subject to change without notice.

Unsolicited E-mail

Interkey.net maintains a strict zero-tolerance anti-spam policy. Unsolicited advertisements are not allowed via e-mail and will result in immediate account termination as well as any applicable fees.

The following activities are strictly prohibited:

Adult Sites

Sites containing pornographic materials or erotic image and video files are not permitted and will be terminated without prior notification.

Server Abuse

Deliberate attempts to undermine the operation of or otherwise cause disruption or harm to any website, server or customer on our network are strictly prohibited and are grounds for immediate account termination.

Network Security

Any attempts to compromise or circumvent the security of any server or service located inside or outside our network are strictly prohibited. These include attempts to gain local root or administrative access to the server upon which an account is located, worm traffic designed to exploit a security vulnerability, brute-force password cracking attempts, denial of service (DoS) attacks, port scans, and so forth.

Unauthorized Distribution of Copyrighted Content

Web, FTP, mail and other services provided by Interkey.net may not be used to distribute copyrighted materials or software and documents designed to circumvent the copy protection mechanism of any copyrighted materials. This provision includes, but is not limited to, "warez," "abandonware," or other copyrighted software, copyrighted music, movie or e-book files, application serial numbers or CD keys, and "cracks."

The determination of whether or not hosted materials violate this policy is the sole discretion of Interkey, Inc. and its employees.

Unlawful Conduct

Interkey.net's servers and services may not be used to conduct any illegal activities. This includes, but is not limited to, attempts to deface or otherwise modify websites on the same server, launch hack attempts or denial of service attacks on other servers inside or outside of our networks, host illegal materials, or send scamming or "phishing" emails. Interkey.net will cooperate fully with any law enforcement investigating such activities believed to be originating from our servers or network.

Provided mail services may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.

Client agrees to make all reasonable efforts to ensure that all services provided by Client's shared or dedicated hosting service, such as web sites, bulletin board systems, and Internet chat rooms are not used to distribute copyrighted material or facilitate activities otherwise illegal in the United States.

Reporting Abuse

To report abuse, please contact our abuse department at abuse@interkey.net. Please include as many details as possible about the abuse, including an approximate date and time, email headers (if applicable), and any other available information.

Terms of Service

Parties

This agreement is between Interkey, Inc. (hereinafter "Provider") and the party as specified in the on-line application (hereinafter "Client").

User Information

Periodically, Provider may need to contact you regarding billing issues, such as an expired credit card, or technical issues, such as advance notification of server downtime. Client acknowledges that it is his or her responsibility to keep all billing and contact information up-to-date at all times. Failure to maintain accurate account information may result in an eventual account suspension or termination due to billing-related issues.

Service Cancellation

To cancel an account, please contact sales and billing and request an account cancellation. Since websites continue to operate without maintenance, neglecting to cancel an account will result in continued billing regardless of whether or not the account is actively being used or the website is being updated.

In order to verify that you are the account holder, please provide your customer registration number and either your account password or the last five digits of the credit card on file for the account. If you have forgotten your password, you may request a forgotten password.

In the event that an account is cancelled while a prepaid balance still remains on the account, the remaining balance will be refunded automatically upon account cancellation.

30-Day Money-Back Guarantee

Interkey offers a full money-back guarantee for all shared hosting and mail service plans. If the account is cancelled within 30 days, all charges will be immediately refunded to Client.

The following account add-ons and features are non-refundable:

Suspension and Termination

Provider reserves the right to suspend Client's account for any reason at any time, with or without warning or prior notice. Client's account may be terminated following repeated suspensions or a serious violation of our Terms of Service, such as spamming. In such an instance, no fees charged for services rendered will be refunded except that of prepayment beyond the billing period of cancellation. Where noted, additional surcharges for Acceptable Use Policy violations may apply.

Usage of Resources

If Client consistently exceeds the resources allocated to them by their hosting plan, Provider will contact Client to work with him or her in order to reach a mutually beneficial resolution. In the event of excessive resource usage which degrades the quality of service for other customers, Provider reserves the right to suspend Client's hosting plan or, if applicable, disable the script or application in question. Such resources include but are not limited to CPU time, memory usage, disk space, and bandwidth.

Confidentiality

Interkey.net is a service provider which is responsible for the content transmitted across any network services provided. Interkey.net reserves the right to periodically inspect the contents of websites or servers to ensure compliance with the Acceptable Use Policy outlined in this document. While at no time will Provider or any of its employees willfully disclose the contents of any information belonging to Client to any third-party except as required by law, storage of any information on computer systems accessible by other users should be considered to be at Client's own risk.

Through the course of normal technical support and troubleshooting, Provider's support staff may be called upon to provide support for a variety of applications and technologies. Over the course of problem resolution, Provider and its employees reserve the right to inspect any application code or configuration. Customer certifies that such usage of any copyrighted information does not constitute willful infringement of any trade secret or other confidentiality agreement.

Vulnerable Scripts and Server Security

Certain interactive scripts may contain security flaws which can be used to hack your website or perform other malicious activities. If a user is found to be running an insecure version of a script or application on their website that can be used by third-parties to violate the Acceptable Use Policy, including defacing websites, degrading the quality of service for other customers, sending spam or launching attacks against other servers, Provider reserves the right to automatically upgrade the script to a more secure version or disable the script entirely with or without notice.

Electronic Commerce

Client accepts full responsibility for the development, operation and maintenance of online store and all products, contents, materials appearing therein, including without limitation:

  1. the accuracy and appropriateness of content and materials appearing within the store or related to your products,
  2. ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and
  3. ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising therefrom.

Client acknowledges that except where agreed upon otherwise by both parties, Client and Client's website are neither associated nor affiliated with Provider and Provider assumes no liability for claims against Client's business.

Corporate/Organizational Policies and Transfer of Ownership

As a matter of policy, Interkey.net will not disclose account or login information to individuals other than the one to whom the account is registered. If registering a website on behalf of a company or other organization, Interkey.net recommends that your organization put policies and procedures into place governing archival of all login information for company-operated web-based services.

Dedicated Servers and Reseller Accounts

Client agrees to abide by the Acceptable Use Policy outlined above and understands that it is Client's responsibility to enforce the above Acceptable Use Policy upon any sites located upon Client's colocated or leased dedicated servers. Client acknowledges that he or she will be held liable for any violations of Interkey.net's Acceptable Use Policy caused by failure to take action upon a hosted website, service or client.

Lawful Purpose

Provider reserves the right to refuse service to anyone. Customers may only use Provider's network and rendered services 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, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Provider and its management. Regardless of the place of signing this agreement, Client agrees that for purposes of venue this contract was entered into in New York, NY, and any dispute will be litigated or arbitrated in New York, NY. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in New York courts. IN NO EVENT SHALL PROVIDER'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) UNITED STATES DOLLARS.

Liability and Indemnification

CLIENT AGREES TO DEFEND, INDEMNIFY, SAVE AND HOLD PROVIDER HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST PROVIDER, 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 CLIENT, ITS AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH PROVIDER'S SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; (3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM PROVIDER'S SERVERS.

PROVIDER WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. PROVIDER MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. PROVIDER 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 PROVIDER AND ITS EMPLOYEES. PROVIDER RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF PROVIDER MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.