You (“you”, “your”, “yourself”, and/or “subscriber”) must review the following terms and conditions of the Information Analytics, Inc. (“IA”) Internet Access Service and Web Hosting and related Services (“The Service”) before you may access or otherwise utilize The Service. THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT WILL CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND IA FOR THE USE OF THE SERVICE (the “Agreement”). The terms and conditions explain IA’s obligations to you, and explain your obligations to IA.
IA is committed to and supports the free flow of information and ideas over the Internet. IA does not actively monitor, nor does IA exercise editorial control over, the content of any web site, electronic mail transmission, mailing list, news group or other material created or accessible over IA services. However, IA reserves the right to remove any material that is, in IA’s sole discretion, potentially illegal, or could subject IA to liability of any kind.
IA MAY AMEND THIS AGREEMENT WITH YOU ON AN AS NEEDED BASIS BY PLACING AN UPDATE OF THIS AGREEMENT ON IA’S WEBSITE, AND YOUR CONTINUED USE OF THE SERVICE FOLLOWING EACH UPDATED POSTING SHALL BE DEEMED TO BE YOUR ACCEPTANCE OF ANY SUCH MODIFICATION OF THIS AGREEMENT. Furthermore, it is your responsibility to monitor the Terms and Conditions page of The Service regularly to determine whether this Agreement has been modified.
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THE SERVICE, OR ANY MODIFICATIONS OR CHANGES TO THIS AGREEMENT, YOU MUST IMMEDIATELY STOP USING THE SERVICE. By initially using, and continuing to use The Service, you agree that your use of and access to, and IA’s continued hosting of your website on the Internet is provided in consideration of your agreement to abide by the following terms and conditions:
TERMS AND CONDITIONS
- Registration.You agree to provide IA with accurate, complete, and updated registration information (the “Registration”), as required by IA when you apply to use The Service. If you do not provide IA with accurate registration information, you are not authorized to use The Service and your account may be terminated immediately. The Registration shall become a part of this Agreement by this reference. It is the responsibility of The Subscriber to update said information when changes occur.YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
- Ownership. IA owns its proprietary company website and support area (“IA’s Electronic Property”) in its entirety. The entire content of IA’s Electronic Property is copyrighted, and all rights are reserved by IA. You may save to disk or print-out individual pages or selections of information contained within IA’s Electronic Property for your own use, provided that you do not collect multiple small selections for the purpose of replicating or copying all or substantial portions of IA’s Electronic Property.
- Financial Arrangements.
- You agree to pay for The Service and any other services rendered by IA pursuant to the Agreement’s payment schedule. Said payment schedule shall become part of this Agreement by this reference.
- This Agreement shall be renewed automatically for identical successive periods, (in the aggregate, the “Term”), unless canceled in writing by either party, or modified by mutual consent thirty (30) days prior to the renewal date. You will receive an invoice for charges – your payment is due upon receipt of IA’s invoice. Any changes made to The Service you selected (e.g. extra traffic charges, additional server space, additional e-mail accounts), or to The Service’s price, shall be billed accordingly. IA reserves the option to charge you a late payment fee of $10 per month, plus monthly interest charges at the rate of 18% per annum on any unpaid balance. You further agree that you accept exclusive liability for all attorney and collection fees arising from IA’s efforts to collect any unpaid balance due and owing to IA.
- All orders are both subject to acceptance by IA, and to such additional requirements requested by IA. Your order will be deemed accepted by IA when confirmation of the order is sent to you.
- IA reserves the right to suspend your account and The Service without notice should there be any problem with your method of payment – including your use of expired credit cards, declined credit cards, inactive credit cards, or invalid checks.
- You agree that you will be charged and will remit payment for extra server traffic pursuant to The Service you have selected. Said charges will appear on your next invoice. Charges for excess server traffic are posted in the hosting section of http://www.4w.com/. You further agree that you will be charged and will remit payment for extra server storage space and extra e-mail accounts pursuant to The Service you have selected. Said charges will be prorated and appear on the next invoice. Charges for extra server storage space and extra e-mail accounts are posted in the hosting section of http://www.4w.com/.
- Resale of Services Prohibited. You may provide banner advertisements or links to other web pages on the World Wide Web, pursuant to this Agreement; however, you shall not resell, or otherwise receive any consideration from any third party for the space provided on IA’s server to any third party.
- Independent Contractors. The parties to this Agreement are independent contractors. Neither party is a representative, agent, or partner of the other party. Neither party shall have any right, authority, or power to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party. You acknowledge that all transactions between you and relevant third parties including, but not limited to, purchase terms, payment terms, warranties, guaranties, maintenance, and delivery, are solely between you and said third parties. IA shall not be a party to any transaction between you and any third party, or be liable for any cost or damage arising either directly or indirectly from any action or inaction of you or any third party.
- Taxes. IA shall not be liable for any taxes, however designated, levied, or based, including, but not limited to, sales and use taxes imposed in connection with your use of The Service. You agree that you are solely responsible for fulfilling your responsibilities for said taxes.
- Etiquette and Use Policy.
- IA’s network resources may not be used to impersonate another person or misrepresent authorization to act on behalf of others or IA. All messages transmitted via IA’s network resources must correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or postings. Users may not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access to said networks. You may not use IA’s server for mass e-mail or “spamming” purposes. Further, you expressly assume responsibility for the actions of users of IA’s network resources via your use of The Service. See our anti-spam policy.
- IA may impose reasonable rules and regulations regarding the use of The Service.
- IA may discontinue your use of The Service, or may require your fulfillment of additional terms or conditions IA may choose to impose as a prerequisite for continuing The Service. Notice of discontinuation, or additional IA requirements, shall be provided to you within a reasonable amount of time by e-mail and/or fax, unless otherwise provided in this Agreement.
- The Service shall not be used for illegal purposes, or in support of illegal activities. IA reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Activities that are prohibited as potentially illegal include, but are not limited to:
- Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources, and copyrighted software.
- Posting or e-mailing of scams such as “make-money-fast” schemes or “pyramid/chain” letters.
- Threatening bodily harm or property damage to individuals or groups.
- Making fraudulent offers of products, items, or services originating from your account.
- Attempting to access the accounts of others, or attempting to penetrate beyond security measures of our or other systems (referred to as hacking) whether or not the intrusion results in corruption or loss of data.
- Harassing others by “mail-bombing”. Mail-bombing constitutes sending more than ten (10) similar mail messages to the same e-mail address.
- Forging any message header, in part or whole, of any electronic transmission, originating or passing through IA services.
- Distributing viruses to or from IA systems.
- Bulk e-mail sent through a mail service external to our system cannot contain an e-mail address or a domain name that is hosted by IA. This circumstance generally results in complaints being forwarded to IA’s administrative staff and will be cause for immediate account termination or suspension of The Service, without notice.
- The Service shall not be used for the storage of credit card numbers, and the use of unencrypted form-to-email or mailto methods of transmitting credit card numbers is not permitted. Any method of transmission of credit card numbers must be approved by your bank or merchant account provider.
- You are responsible for verifying that the content you upload to IA’s servers is free of viruses or other malicious programs. Such content includes but is not limited to scripts written in ASP, PHP, Java, Javascript.
- If we provide hosting for dedicated or co-located server(s), you are responsible for verifying that the content you upload to the server or servers is free of viruses or other malicious programs. Such content includes but is not limited to scripts written in ASP, PHP, Java, Javascript. Additionally, you will perform regular security scans and audits to ensure the security of the server(s). You also agree to notify us immediately of any security issues or breaches as soon as you become aware of them. We reserve the right to disconnect your server from our network if we determine that it has been breached or compromised in any way.
- IA reserves the right to disable or remove add-ons or components of Joomla, WordPress, Drupal and other content management systems that have known security flaws or cause problems with the operation of our servers.
- Warranty Disclaimers and Limited Liability.
- You agree that your use of The Service and the Internet is solely at your own risk. You agree that The Service is provided on an “as is”, “as available” basis without warranties of any kind, either express or implied.
- IA disclaims any and all loss or liability resulting from, but not limited to: (1) loss of data; (2) loss of software or hardware; (3) loss or liability resulting from access delays or access interruptions; (4) loss or liability resulting from computer viruses; (5) loss or liability resulting from data non-delivery or data mis-delivery; (6) any other loss or liability resulting from the negligent acts and/or omissions of IA or its subscribers; (7) loss and liability resulting from any errors, omissions, or misstatements in any and all information, goods, or services obtained on or through The Service; and, (8) loss or liability resulting from acts of God. Further, you agree that IA is not responsible for any loss, erasure, or corruption of your data or other files whatsoever. Your use of any information obtained by way of The Service is at your own risk, and IA specifically denies any responsibility for the accuracy or quality of information obtained through The Service. Connection speed represents the speed of connection to IA and does not represent a guarantee to you of available end-to-end bandwidth.
- You agree that IA’s entire liability, and your exclusive remedy, with respect to your use of The Service, and any breach by IA of this Agreement, is solely limited to the amount you paid to use The Service.
- IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, A FAILURE OF ANY SERVICE, OR OTHERWISE, SHALL IA BE LIABLE FOR LOSS OF PROFITS OR REVENUES, LOSS OF GOODWILL, CLAIMS OF YOUR CUSTOMERS OR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OF ANY NATURE.
- Indemnification. You agree to defend, release, indemnify, and hold IA, its affiliated companies, licensors, officers, and employees, harmless from any and all liabilities, claims and expenses, including, without limitation, attorneys’ fees, arising from either the breach of this Agreement, or your use of The Service.
- Submission of Material. If you request IA to install content on your website and in the event your material is not “server-ready”, IA may, at its option and at any time, reject your material, including but not limited to, after it has been put on IA’s Server. IA agrees to notify you promptly of its refusal of your material and afford you the opportunity to amend or modify the material to satisfy the needs and/or requirements of IA. If you fail to modify the material, as directed by IA, within a reasonable period of time, which shall be determined between you and IA, this Agreement shall be terminated.
- Communication. IA will periodically send out technical bulletins and notices to you, regarding The Service. You are responsible for verifying the authenticity of any notices you receive that claim to have been sent by IA. IA is not responsible for actions taken by you based on forged messages or phishing scams. It is the responsibility of the subscriber to provide IA the name and email address of the person who will receive technical bulletins and notices, so that they can be acted upon in a timely fashion.
- Trademarks & Copyrights. You warrant that you have the right to use the applicable trademarks or copyrighted material used in connection with The Service, if any. IA may request the right to use such trademarks or copyrighted material in connection with IA’s service(s). You will review such a request promptly, and not unreasonably withhold such permission.
- Termination.
- In addition to other termination remedies provided elsewhere in this Agreement, IA may terminate this Agreement without cause, by giving you thirty (30) days notice via e-mail or fax. In such event, IA will be required to pay you an amount equal to the unused and prorated portion of The Service excluding any setup charges. Notwithstanding the above, IA may terminate The Service under this Agreement at any time, without penalty and without prior notice, if you fail to comply with the terms of this Agreement. It is your responsibility to point your domain to another service provider upon termination, cancellation, or discontinuation of The Service.
- IA offers a limited thirty (30) day, money-back guarantee for its services – this guarantee excludes any charges for setup fees or installation.
- IA will not issue refunds or credits past the thirty (30) day, money-back guarantee.
- Arbitration. Except as specifically provided in this Agreement, the parties agree that any dispute or controversy arising out of, relating to, or in connection with the interpretation, validity, construction, performance, breach, or termination of this Agreement shall be submitted to binding arbitration to be held in Lincoln, Nebraska, in accordance with the rules of the American Arbitration Association. The decision of the arbitrator shall be final, conclusive, and binding on the parties to the arbitration. The parties shall each bear their own attorney and expert fees with respect to such Arbitration, but shall share equally the other costs and expenses associated with arbitration.
- Controlling Law. In interpreting the terms of this Agreement, the parties agree that the laws of the State of Nebraska shall be applicable.
- Entire Agreement. This Agreement contains the entire agreement and understanding of the parties with respect to the subject matter hereof and supersedes all prior discussions, agreements, proposals, understandings, whether orally or in writing, between the parties related to the subject matter of this Agreement. The hyperlinks inserted or other documents included herein and/or referred to herein are hereby incorporated in this Agreement by this reference.
- Severability. If any provisions hereof are deemed to be illegal or unenforceable by a court of competent jurisdiction, the enforceability or effectiveness of the remainder of the Agreement shall not be affected and this Agreement shall be enforceable without reference to the unenforceable provision. No party’s waiver of any breach or accommodation to the other party shall be deemed to be a waiver of any subsequent breach.
- Confidentiality. You and IA acknowledge that: (a) in the performance of this Agreement, both parties may receive or become aware of confidential information concerning the other party’s finances, business development and strategic decisions, methods of operation, technology implementation, trade secrets, human resources, intellectual property, and other data (collectively referred to as “Confidential Information”); and (b) unauthorized disclosure of any Confidential Information could irreparably damage the owner of such information. Prior to disclosure of any Confidential Information by one party to the other party, the supplying party shall identify the information supplied as “Confidential Information.” In no event shall Confidential Information include that which (i) is already lawfully known to or independently developed by the receiving party, (ii) is in the public domain through no fault of the receiving party, (iii) is lawfully obtained from a third party without restrictions, or (iv) is required to be disclosed by law, regulation or governmental order. Both parties agree that, except as directed by the other party, required by law, or provided in this Paragraph, neither party shall at any time during this Agreement or after the termination of this Agreement, disclose any Confidential Information to any person or entity, or permit any person or entity to examine and/or make copies of any reports or any documents prepared by the other party or that come into the party’s possession or under the party’s control that relate to Confidential Information, and that upon termination of this Agreement, both parties shall destroy or return to the other all materials that contain or relate to the other party’s Confidential Information. Either party may seek to enjoin against the breach or threatened breach of such disclosures, in addition to any other legal remedies that may be available.
- Notices. Except as otherwise required by law, all notices may be sent by e-mail, fax, or express mail to the e-mail address, fax number, or address most recently provided and will be effective upon transmission. Said information will be provided by IA on its Web Site, and will be provided by you through your registration for The Service, or changes received by IA thereto.
Revised: February 12, 2010. Added paragraph 7h.
Revised: February 19, 2007. Changes are underlined.
August, 2005