Terms-Of-Use Policy
Innovator Web Design & Hosting is an Internet Solutions Provider (ISP).
We host web pages, provide e-mail services, and author web content of all kinds.
Innovator Web Design & Hosting has certain legal and ethical responsibilities
regarding the use of its computer network and equipment. Our goal to be unbiased
in providing hosting services for the Internet; however, Innovator Web Design
& Hosting reserves the right to cancel or interrupt any client's access
to our services if we believe those services are being abused. You are solely
and fully responsible for any content in the space provided for your web page
and for the e-mail you produce. For these reasons, you violate Innovator Web
Design & Hosting's policy and the service agreement when you, your customers,
affiliates, or subsidiaries engage in the following prohibited activities:
Prohibited Activites
Spamming
Any unsolicited bulk and/or commercial e-mail, considered spamming. Spamming
not only affects the industry's attitude toward Innovator Web Design & Hosting
but also disrupts the service of other Innovator Web Design & Hosting customers.
Innovator Web Design & Hosting may, at its discretion, suspend or cancel
your account for spamming.
Intellectual Property Violations
Infringing or misappropriating the intellectual property rights of others, including
copyrights, trademarks, service marks, trade secrets, software piracy, and patents
held by individuals, corporations, or other entities. Also, violating privacy,
publicity, or other personal rights of others. Innovator Web Design & Hosting
is required by law to remove or block access to customer content upon receipt
of a proper notice of copyright infringement. It is also Innovator Web Design
& Hosting's policy to terminate the privileges of customers who commit repeat
violations of copyright laws.
Obscene Material
Using Innovator Web Design & Hosting's network to advertise, transmit, store,
post, display, or otherwise make available pornography of any kind, or obscene
speech in any form of content. Innovator Web Design & Hosting is required
by law to notify law enforcement agencies when it becomes aware of the presence
of pornography on or being transmitted through Innovator Web Design & Hosting's
network.
Defamatory or Abusive Language
Using Innovator Web Design & Hosting's network as a means to transmit or
post defamatory, harassing, abusive, or threatening language.
Forging of Headers
Forging or misrepresenting message headers, whether in whole or in part, to
mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks
Accessing illegally or without authorization computers, accounts, or networks
belonging to another party, or attempting to penetrate security measures of
another individual's system (often known as "cracking"). Also, any
activity that might be used as a precursor to an attempted system penetration
(i.e. port scan, stealth scan, or other information gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive
Activities
Distributing information regarding the creation of and sending Internet viruses,
worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks.
Also, activities that disrupt the use of or interfere with the ability of others
to effectively use the network or any connected network, system, service, or
equipment.
Facilitating a Violation of this Acceptable Use Policy
Advertising, transmitting, or otherwise making available any software, program,
product, or service that is designed to violate this terms-of-use, which includes
the facilitation of the means to spam, initiation of pinging, flooding, mailbombing,
denial of service attacks, and piracy of software.
Export Control Violations
Exporting encryption software over the Internet or otherwise, to points outside
the United States.
Other Illegal Activities
Engaging in activities that are determined to be illegal, including advertising,
transmitting, or otherwise making available ponzi schemes, pyramid schemes,
fraudulently charging credit cards, and pirating software.
Other Activities
Engaging in activities, whether lawful or unlawful, that Innovator Web Design
& Hosting determines to be harmful to its subscribers, operations, reputation,
goodwill, or customer relations.
Reporting Network Abuse
Any party seeking to report any violations Innovator Web Design & Hosting ‘s policy may contact via e-mail: abuse@innovatorhosting.com
Billing Policy
Upon your first invoice you will be provided with information and instructions
on how to pay. All hosting fees are invoiced monthly (or upon your renewal date)
and payable in advance. The following guidelines apply to ALL accounts:
· 15 days past due results in access restriction plus 15% late fee.
· 30 days past due results in account termination.
You will be notified via email if your account is past due however we are not
obligated to this. It is the customer's responsibility to ensure timely payments
are made. If you change email addresses you must inform billing. If your account
has been deleted due to nonpayment, a $65.00 reconnection fee will need to be
paid plus all monies due to make your account current. There is a $25 fee for
all returned checks.
Mail Payments made out to:
Innovator Software Solutions, LLC
PO Box 1706
Boulder Creek, CA 95006
All hosting plans include a 30-day money back guarantee. If you are dissatisfied
with your service for any reason, you will receive a full refund (minus setup
fees and overage charges) if you cancel your account within 30 days of the activation
of your account. Our refund policy DOES NOT apply to any additional items or
services; this includes but is not limited to POP accounts, Real Audio/ Video,
Java Chat, E-commerce services from 3rd party vendors, or anything else we provide
for an additional fee above and beyond the basic hosting costs. Any requests
for cancellation must be received in writing via email, regular mail or fax.
Cancellations over the telephone are not accepted.
Client will pay and indemnify and hold Innovator Web Design & Hosting harmless
from any and all taxes associated with or arising from Client's use of the Services,
including any penalties and interest and any costs associated with the collection
or withholding thereof.
1. DISCLAIMER OF WARRANTY
THE SERVICES, THE INNOVATOR WEB DESIGN & HOSTING SITE, INCLUDING WITHOUT
LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE INNOVATOR
WEB DESIGN & HOSTING SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS
ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND.
INNOVATOR WEB DESIGN & HOSTING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
WITH RESPECT TO EACH OF THE FOREGOING , WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING
FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
INNOVATOR WEB DESIGN & HOSTING SPECIFICALLY DISCLAIMS ANY WARRANTY THAT
(1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED;
(3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS
EMPLOYED WILL BE SUFFICIENT.
2. LIMITATION OF LIABILITY
IN NO EVENT SHALL INNOVATOR WEB DESIGN & HOSTING BE LIABLE FOR DAMAGES RESULTING
FROM LOSS OF DATA, PROFITS, USE OF THE INNOVATOR WEB DESIGN & HOSTING SITE
OR ANY INNOVATOR WEB DESIGN & HOSTING PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL,
INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT
OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT
SHALL INNOVATOR WEB DESIGN & HOSTINGS' CUMULATIVE LIABILITY EXCEED AN AMOUNT
GREATER THAN FIFTY DOLLARS ($50 US).
3. MISCELLANEOUS
If any of the provisions, or portions thereof, of this Agreement are found to
be invalid under any applicable statute or rule of law, then, that provision
notwithstanding, this Agreement shall remain in full force and effect and such
provision or portion thereof shall be deemed omitted. This Agreement (including
the Exhibits, attachments and/or addenda, if any,) represents the entire agreement
of the parties with respect of the subject matter hereof and supersedes all
prior and/or contemporaneous agreements or understandings, written or oral between
the parties with respect to the subject matter hereof. This Agreement and the
rights granted and obligations undertaken hereunder may not be transferred,
assigned or delegated in any manner by Client, but may be so transferred, assigned
or delegated by Innovator Web Design & Hosting. Any waiver or any provision
of this Agreement, or a delay by any party in the enforcement of any right hereunder,
shall neither be construed as a continuing waiver nor create an expectation
of non-enforcement of that or any other provision or right. In any legal proceeding
between the parties under this Agreement, the prevailing party shall be entitled
to recover its costs, expenses and reasonable attorneys' fees. This Agreement
is made under and shall be governed by and construed in accordance with the
laws of State of California, U.S.A., regardless of its choice of law provisions.
The state and federal courts located in the county of Santa Cruz, California,
will have exclusive jurisdiction. This Agreement and Innovator Web Design &
Hosting' policies are subject to change by Innovator Web Design & Hosting
without notice. Continued usage of the Services after a change to this Agreement
by Innovator Web Design & Hosting or after a new policy is implemented and
posted on the Innovator Web Design & Hosting Site constitutes your acceptance
of such change or policy. We encourage you to regularly check the Innovator
Web Design & Hosting Site for any changes or additions.