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This agreement represents the complete agreement and understanding
between IdeaOne and the account holder (hereinafter called Customer)
and supersedes any other written or oral agreement. Upon notice published
on-line via IdeaOne services, IdeaOne may modify these terms and
conditions, amplify them, and/or modify the prices, as well as discontinue
or change services offered.
If you do not agree to these terms and conditions, please notify
our Billing Department at 1-877-433-2663 or 701-356-6062 so we can
initiate a closure of your account. USE OF SERVICES shall constitute
your approval.
Upon approval of these terms and conditions, IdeaOne reserves the
right to take any necessary actions (including, but not limited
to, temporary suspension of the Customer’s service) without
notice should the Customer fail to comply with any policy set forth.
- Use
of IdeaOne's facilities to commit network abuse (including,
but not limited to, denial of service attacks such as ping
bombing, email bombing, "smurf", "winnuke", "land", "teardrop",
etc.) or otherwise compromise the security of hosts or networks
is prohibited.
- Should the account holder become the target of
a network attack, IdeaOne reserves the right to take any
necessary actions (including, but not limited to, temporary
suspension of the account holder's service) required to return
server or network operation to normal.
- Use of IdeaOne services is at the
account holder's sole risk. IdeaOne does not warrant either
the results to be obtained from the service or that the service
will be uninterrupted or error free. IdeaOne's services are
provided on an "as is" basis
without warranties of any kind, either express or implied.
Neither IdeaOne nor anyone else involved in creating, producing,
or delivering IdeaOne services shall be liable for any direct,
indirect, incidental, special or consequential damages arising
out of the use of IdeaOne, the inability to use IdeaOne,
or any breach of any warranty. The provisions of this paragraph
will survive termination of this agreement.
- The account holder will indemnify and hold harmless
IdeaOne against any loss, damage, cost and expense which
IdeaOne may incur or become liable for by reason of claims
or actions for libel, violation of privacy rights, plagiarism,
copyright infringement, trademark or trade name infringement, domain
name disputes, and claims arising in connection with data
transmitted pursuant to the terms and provisions of this agreement
and any claims or suits resulting from the account holder's use
of the service including, without limitation, the expense and cost
of defending any and all such claims and actions, except where
such claims result solely from the negligence of IdeaOne's failure
to perform its obligations under this agreement. The provisions
of this paragraph shall survive termination of this agreement.
- If IdeaOne
is informed of illegal content or alleged copyright or trademark
infringement involving an account, IdeaOne will attempt to
notify the account holder of those allegations and secure
a response. IdeaOne may, in its sole discretion, remove or
terminate the account containing, on a temporary or permanent basis,
materials which IdeaOne believes are illegal or may create,
constitute, or contribute to copyright or trademark infringements.
Account holder expressly waives the right to assert any claims
against IdeaOne for any such removal or termination.
- Data stored or transmitted must be
legal under all applicable US laws. The account holder is
solely responsible for determining the legality of their
data, which is stored or transmitted.
- IdeaOne makes no warranties of any
kind, whether expressed or implied, for the service it is
providing. IdeaOne also disclaims any warranty of merchantability
or fitness for a particular purpose. IdeaOne will not be
responsible for damages the customer suffers. This includes loss
of data resulting from delays, non-deliveries, misdeliveries, or
service interruptions caused by its own negligence, subscriber's
errors or omissions, or due to the fault of third parties.
- Services provided to the Customer
by IdeaOne may only be used for lawful purposes. Transmission
or publication of any information, data or material in violation
of any U.S. Federal or state regulation or law is prohibited.
This includes, but is not limited to, material protected
by copyright, trade secret or any other statute, threatening
material or obscene material. IdeaOne reserves the right to remove
any and all materials which infringe on copyright work. Such materials
will be removed at any time upon receiving a complaint and
or notice of copyright infringement.
- Customer agrees to defend, hold harmless and expeditiously
indemnify IdeaOne from any liability, claim, loss, damage
or expense arising out of the indemnifying party's breach
or violation of any covenant contained in this Policy and resulting
from the Customer's use of the service.
- IdeaOne accounts cannot
be transferred or used by anyone other than the subscriber.
Customers may not sell, lease, rent or assign the connection
or parts of the connection to any party not named in this
Policy. Customer may allow ftp access to its server and host
web sites for its customers without violating this Policy. Network
bandwidth charges in excess of allocated amount will be assessed
from log reports.
- IdeaOne
reserves the right to cancel service for any reason without
prior notice. In case of cancellation, unused fees may be
returned to the subscriber on a pro-rata basis. Fees for
setup and the first month's service are not refundable. IdeaOne
will not be liable for any damages or harm to the account holder
resulting from such termination.
- Setup fees are not refundable.
- Customer agrees not to transmit, promote,
or otherwise make available any software, product or service
that is either illegal or designed to violate this Agreement.
Such software, products or services include, but are not
limited to, programs designed to send unsolicited advertisements
(i.e. "spamware")
and services, which send unsolicited advertisements.
- IdeaOne
requires that its agreements be made with a person who is
qualified to contract. As such, subscriber must be over the
age of eighteen (18) years. Otherwise, a parent or guardian must
accept this agreement and enclose the proper payment. IdeaOne cannot
accept payments from persons who are not at least eighteen (18)
years of age, nor can we accept agreements from persons who
are not at least eighteen (18) years of age.
- Customer shall ensure that its use of
IdeaOne's network services shall not disrupt IdeaOne, its
associated networks or equipment forming part of the systems.
Customers shall not transmit any communication where the meaning
of the message, or its transmission or distribution, would violate
any applicable law or regulation or would likely be offensive
to the recipient thereof. No message may be mass distributed, broadcast," or
otherwise sent on an intrusive basis to any IdeaOne user
or to any directly or indirectly attached network. Use of
IdeaOne's connection in a manner that is disruptive, damaging,
unlawful, offensive, or intrusive as determined by IdeaOne shall
be considered a breach of this Policy and may result in cancellation
of service. This prohibition extends to sending of unsolicited
mass mailings from another service which in any way implicates
the use of IdeaOne's service, IdeaOne's equipment or any
site hosted on any IdeaOne network.
- If IdeaOne becomes aware of material that could
be infringing on a third party's copyright, it will initiate
an investigation. To conduct an investigation of copyright
infringement, the Complainant must submit at least two items.
First, Complainant must submit a claim in writing with the
applicable copyright or trademark registration number and
a copy of the underlying copyrighted work along with the Customer's
materials. Second, Complainant must offer a good faith certification
signed under penalty of perjury. This certification must state
that the work is the property of the Complainant, that the work
has been copied and that use of the work is not defensible with
this information in-hand, IdeaOne, at its discretion, may,
at any time deny access to the challenged material of Customer.
- Use
of other organizations' networks or computing resources is
subject to their respective permission and usage policies.
- Although all hosting plans permit unlimited data transfer, each
plan is subject to a surcharge in the event usage exceeds
the allotted free bandwidth for that plan. Customer is responsible
for charges related to bandwidth exceeding the plan's allotted
data transfer.
- Any party seeking to report any other potential violations of
this Agreement may contact IdeaOne via e-mail at abuse@ideaone.net.
- Transferring
your domain to another provider does not constitute canceling
your IdeaOne account. You must notify IdeaOne to formally
cancel your account with IdeaOne to avoid further charges.
- It is the
responsibility of the customer to contact IdeaOne of any
changes to their account, such as phone number, address,
credit card information, etc. Customers will be required to provide
verification for security purposes authorizing them to make any
changes to that account.
- Use of IdeaOne services indicates acceptance of
the terms of this agreement by the account holder.
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