Terms of Service

Idaho Web Hoster (referred hereinafter as 'Idaho Web Hoster', 'Idaho Image Works', 'Idaho Image Works LLC', 'The Company', 'our', 'we' and 'us') is a web hosting firm. All accounts on our web servers, are subject to the terms and conditions described in this document. Under the terms of this agreement, your placement of information on our servers is an acknowledgement that you have read, understand, and agree to abide by the terms and conditions below.

The Terms of Service may be changed from time to time at the discretion of the Company. Subscriber understands that change to the Terms of Service by the Company shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of Idaho, county of ADA applicable to contracts enforceable in that state. Venue will be Ada County, Idaho.

1. User Conduct

Our services may only be used for lawful purposes -- any use of these services which violates any laws which may apply to Idaho Web Hoster, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited. This means that while using the service, you may not:

Post or transmit any unlawful, threatening, abusive, defamatory, obscene, libelous, offensive, indecent, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

Restrict or inhibit any other user from using and enjoying the Internet. Idaho Web Hoster reserves to the right to the final decision on what constitutes abuse.

2. Resource Usage

Users may not initiate the following on our servers:

Run any process that requires more than 8Mb of memory space, more than 30 CPU seconds, or use more than 10% of all available system resources at any time.

Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.

Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

Run any software that interfaces with an IRC (Internet Relay Chat) network.

Use an account to host and/or distribute copyrighted software or files when you are not the copyright owner.

Use an account to host and/or distribute Emulators/ROMs. Because of increased controversy surrounding Emulators/ROMs, we do not allow any websites pertaining to Emulators/ROMs.

Databases are only to be used for Idaho Web Hoster-hosted web sites, outside access may be allowed only for development purposes.

Zero Tolerance Spam Policy: We take a zero tolerance stance against sending of unsolicited e-mail, commonly known as spam. Any user who sends out spam will have their account terminated without notice. Idaho Web Hoster reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. Idaho Web Hoster also reserves the right to make any such modifications in an emergency at our sole discretion.

3. Indemnification

You agree to indemnify, defend, and hold harmless Idaho Web Hoster from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, Idaho Web Hoster, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.

4. Refusal or discontinuation of service

Idaho Web Hoster reserves the right to refuse or discontinue service to anyone at Idaho Web Hoster' sole discretion. Idaho Web Hoster may deny you access to all or part of the service without notice if you engage in any conduct or activities that Idaho Web Hoster in its sole discretion believes violates any of the terms and conditions in this agreement. Idaho Web Hoster shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that Idaho Web Hoster has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. Idaho Web Hoster reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. Idaho Web Hoster also reserves the right to refuse refunds in cases where Idaho Web Hoster believes abuse has taken place.

5. No warranties

Idaho Web Hoster makes no warranties or representations, except the money back satisfaction policy, of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Idaho Web Hoster or its agents or employees shall create a warranty. Idaho Web Hoster provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Idaho Web Hoster be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with Idaho Web Hoster service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service. You understand that by placing information on Idaho Web Hoster' servers that such information becomes available to all Internet users and that Idaho Web Hoster has no way of limiting or restricting access to such information or protecting such information from copyright infringement.

You assume total responsibility and risk for your use of Idaho Web Hoster' servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Idaho Web Hoster or on the Internet generally. Your use of the service is at your sole risk. Idaho Web Hoster is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Idaho Web Hoster servers. You agree not to interfere with the operation of the system.

You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by Idaho Web Hoster, including restrictions on services available with each service type, restrictions on certain features, and all other policies. Idaho Web Hoster reserves the right to monitor any and all communications through or with our facilities. You agree that Idaho Web Hoster is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.

6. Account-Holder Identification Information

You agree that you as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name. You agree to supply Idaho Web Hoster with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.

7. Payment & Other Information

You agree to supply appropriate payment for the services received from Idaho Web Hoster, in advance of the time period during which such services are provided. You agree that until and unless you notify Idaho Web Hoster of your desire to cancel any or all services received, those services will be billed on a recurring basis.

8. Agreement Acknowledgement

This agreement supersedes any written, electronic, or oral communication you may have had with Idaho Web Hoster or any agent or representative thereof, and constitutes the complete and total agreement between the parties. In the event that any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable. Idaho Web Hoster reserves the right to change this Usage Policy at any time without prior notification. By placing and continuing to maintain or place information on Idaho Web Hoster' servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.

9. Satisfaction Guarantee

Idaho Web Hoster is proud to offer a satisfaction Guarantee, if you cancel your service within the first 30 days 100% of your hosting fee will be returned.

If you cancel your service after 30 days you will receive a pro-rated discount of your current hosting fee based on the number of days used.

Value added services such as domain registration, SSL certificates, and bandwidth overages are non refundable.

Accounts that are terminated for violation of these terms are not refundable.

10. Notification of Violation:

Idaho Web Hoster is under no duty to look at each customer's or user's activities to determine if a violation of the Terms of Service has occurred, nor do we assume any responsibility through our Terms of Service to monitor or police Internet-related activities.

First violation: Any User, which Idaho Web Hoster determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Idaho Web Hoster's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

Second Violation: Users that Idaho Web Hoster determines to have committed a second violation of any element of this Terms of Service shall be subject to immediate suspension or termination of service without further notice.

11. Suspension of Service or Cancellation:

Idaho Web Hoster reserves the right to suspend network access to any customer if in the judgment of the Idaho Web Hoster network administrators the customer's server is the source or target of the violation of any of the other terms of the Terms of Service or for any other reason which Idaho Web Hoster chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

Idaho Web Hoster reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Idaho Web Hoster must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

12 Payments and Fees

Credit cards that are declined for any reason are subject to a $25.00 declination fee. Service will be interrupted on accounts that reach 5 days past due. Service interrupted for nonpayment may be subject to a reconnect charge. Accounts not paid by due date may be subject to a fee. Accounts that are not collectable by Idaho Web Hoster may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $25 nor more than $150.

13 Support Boundaries

Idaho Web Hoster provides technical support to our subscribers via our online Help Desk, E-mail and Telephone. While we may provide assistence on other subjects we resesrve the right to limit our technical support to our area of expertise. The following is our guidelines when providing support: Idaho Web Hoster provides support related to your server or virtual site physical functioning. Idaho Web Hoster does not offer tech support for application specific issues such as cgi programming, html or any other such issue. Idaho Web Hoster does not provide technical support for YOUR customers.

14 SPAM and UCE

SPAM and Unsolicited Commercial Email (UCE): Idaho Web Hoster takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Idaho Web Hoster may not use or permit others to use our network to transact in UCE. Customers of Idaho Web Hoster may not support, enable, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

15 IP Address Ownership

If Idaho Web Hoster assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Idaho Web Hoster, and Customer shall have no right to use that Internet Protocol address except as permitted by Idaho Web Hoster in its sole discretion in connection with the Services, during the term of this Agreement. Idaho Web Hoster shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Idaho Web Hoster, and Idaho Web Hoster reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.

16 Bandwidth and Disk Usage

Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Idaho Web Hoster will monitor Customer's bandwidth and disk usage. Bandwidth usage beyond the agreed upon amount shall result in a fee of $1.50 per GB of additional transfer.

Idaho Web Hoster reserves the right to suspend any account that incurs bandwidth overages of more than double the agreed upon amount if Idaho Web Hoster is unable to contact the client to approve the overage.

Overage forgiveness

Idaho Web Hoster will forgive a bandwidth overage of up to 20% once per quarter, transfer over 20% will be billed at $1.50 per GB.

17 System and Network Security

Users are prohibited from violating or attempting to violate the security of the Idaho Web Hoster or other networks. Violations of system or network security may result in civil or criminal liability. Idaho Web Hoster will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.