|
IBS Network
Service Agreement |
WHEREAS Client
wishes to outsource technical services and WHEREAS
IBS Network wishes to provide such service.
THEREFORE, IN ORDER TO CREATE SUCH A WEB SITE FOR CLIENT, AS PROVIDED BY
IBS Network CONSULTING, THE PARTIES HERETO AGREE AS FOLLOWS:
-
Obligations of IBS
Network
IBS Network shall provide Client with the Hosting service chosen and
paid for.
-
Obligations of
Client
2.1 Client shall utilize sufficient protection necessary for
security of data input and output, including the establishment of
external means for the recovery of missing data.
2.2 Client shall not put any illegal, indecent, racist, and/or
sexist materials deemed by IBS Network as inappropriate on their Web
Site.
2.3 Client acknowledges that, pursuant to the Electronic
Communications Privacy Act of 1986, there are no facilities provided
by the Web Site for sending or receiving private or confidential
communication. All messages are deemed to be readily accessible to the
general public.
-
Fees and Payment
3.1 Client must provide IBS Network with accurate and complete
billing information including legal name, address, telephone number,
email address, and credit card/billing information, and report to IBS
Network all changes to this information within thirty (30) days of the
change.
3.2 All payments correspond to the service plan chosen by the
client is due at the time that the client signs up for the service
either by phone, fax, online signup form, email or any other means.
3.3 It is the client's responsibility to make sure that the
payment arrives before the service starts and IBS Network reserves the
right to hold off any kind of work related to the service which the
client has signed up for prior to the receipt of full payment from the
client.
3.4 All fees are guaranteed to be good for the first year of
the sign up unless otherwise stated. IBS Network reserves the right to
adjust the fees to the market charge after the first year of the sign
up.
3.5 This agreement will automatically renew for identical
successive periods unless canceled in writing or modified by client
prior to the renewal date. Client will receive an invoice via email,
fax and/or phone for charges. Payment is due upon receipt of invoice.
3.6 All orders are subject to acceptance by IBS Network. An
order will be deemed accepted by IBS Network when confirmation of the
order is sent to customer. IBS Network reserve the right to refuse to
accept any order, or delay acceptance awaiting completion of
conditions IBS Network may choose to exercise. IBS Network agrees to
provide customer with reasonable notice by email of any intent to
delay or decline the acceptance of any order.
3.7 IBS Network reserves the right to suspend or cancel the
customer's account and services without notice on delinquent accounts
or should there be any problem(s) with the customer's method of
payment. This includes expired credit cards, declined credit cards,
inactive credit cards, invalid checks and late payments. IBS Network
may bill an additional charge of $25 to reinstate a suspended account.
-
Refund Policy
4.1 Web hosting fee is fully refundable if cancellation request
is made within 30 days of opening the account. After 30 days, refund
is prorated with calculation based on the regular monthly fee.
4.2 Setup fee is non-refundable.
-
Anti-Spamming Policy
5.1
IBS Network strictly prohibits abusive usage of our service for email
spamming.
5.2 IBS Network has a zero-tolerance level for any kind of email
spamming through our service. A warning email will be sent to the
client when IBS Network receives the first email spamming complaint. If
IBS Network receives any additional email spamming complaints of the
same client 24 hours after the sending of the warning email, IBS Network
will bring down client's web site immediately. Client will bear all the
consequences of the web site cancellation due to the action of email
spamming.
5.3
Client shall notify IBS Network with any change of account information
including but not limited to address, telephone number, fax number and
email address. IBS Network will not be responsible for any consequences
of its action upon client's account due to client's failure to provide
IBS Network with updated account information.
-
No-Porn Policy
6.1
Pornography web sites are strictly prohibited in our web hosting
services.
6.2 Client's web sites should not contain any pictures with human
genital organs or female breasts exposed or sexually explicit content
which includes but not limited to erotic pictures or wordings that
depicts
sexual intercourse, induces thoughts of sexual abuse, child abuse, teen
sex or promotes prostitution.
6.3
IBS Network has the final words on defining No-Porn and Porn site. IBS
Network has the right to bring down client's site if the site is defined
as a Porn site, and no refund shall be given with such a cancellation.
-
Authorization.
This Agreement and the transactions contemplated hereby have been duly
authorized by all necessary actions on the behalf of the parties, and
this Agreement is legal, valid, and binding as to the respective
obligations of the parties.
-
Non-Assignable.
This Agreement and the rights and obligations hereunder may not be
transferred, sub-licensed or assigned by either party unless agreed
upon by both parties.
-
Status of the
Parties.
Nothing in this Agreement or in the understanding of the parties
construes upon the parties, the status of partners, or joint ventures.
IBS Network may amend this agreement as needed. Your continued use of
our services following each updated posting shall be deemed to be your
acceptance of any such modifications. It is your responsibility to
monitor the Terms and Policies page regularly to determine whether any
modifications have been made.
We suggest you print a copy of our Terms and Policies for your record.