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.