Ideanode Terms of Service

# Posted Dec 12, 6:10pm

Ideanode, ('The Company') agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of Ideanode Service constitutes acceptance and agreement to Ideanode's AUP as well as Ideanode's TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of Ideanode and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP 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 Colorado, county of Denver applicable to contracts enforceable in that state. Venue will be Denver, Colorado.

I. Disclosure to Law Enforcement

The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Ideanode shall have the right to terminate all service set forth in this Agreement.

II. Service Rates

Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

III. Payment

Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the first of each month for that month's service. All accounts and services provided by Ideanode are subject to any tax rate applied by the County of Denver, State Of Colorado or Federal Government.

IV. Payments and Fees

Payments that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 25 days past due. Service interrupted for nonpayment is subject to a $20 reconnect charge. Accounts not paid by due date are subject to a $5.00 late fee. Accounts that are not collectable by Ideanode 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 $50. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

V. Refund and Disputes

All payments to Ideanode are nonrefundable after 5 days. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred.

VI. Failure to Pay

The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

VII. Account Cancellation

All requests to cancel accounts must be made in writing with at least 30 days -- but not more than 60 days -- notice and sent to Ideanode Attn: Cancellations, 2626 Colorado Blvd, Denver, CO 80207 or you may email support@ideanode.com and request the fax number to fax your request. You must have all account information to cancel.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

VIII. New Domain Accounts

All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by Ideanode. on behalf of the account holder a handling fee will be incurred.

IX. Transfer of Domains

New web hosting accounts which involve the transfer of a domain from another provider to Ideanode will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by Ideanode on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.

X. Support Boundaries

Ideanode provides 24 hr response time technical support to our subscribers (except for a few holidays and announced periods.) We limit our technical support to our area of expertise. The following are our guidelines when providing support:

Ideanode provides support related to your server's or virtual site's physical functionality. Ideanode does not offer tech support for application-specific issues such as cgi programming, html or any other such issue (the one exception being software installed by Ideanode during signup). If you can, we encourage you to email support@ideanode.com for assistance. If you are able to get online and have other questions, the answers may be on our home page at http://www.ideanode.com/ - we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before contacting tech support. If you do have questions on php, mysql etc, you may use the the support@ideanode.com address for questions and problems; we will help if we can, but cannot guarantee support.

XI. SPAM and Unsolicited Commercial Email (UCE)

Ideanode takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network or for sites hosted on our network. Very simply this means that customers of Ideanode may not use or permit others to use our network to transact in UCE. Customers of Ideanode may not host, 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.

   1. Violation of Ideanode's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Ideanode will initiate an immediate investigation (within 48 hours of notification). During the investigation, Ideanode may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Ideanode may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Ideanode reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Ideanode will notify law enforcement officials if the violation is believed to be a criminal offense.

   2. First violations of this policy will result in an 'Administrative Fee' of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an 'Administrative Fee' of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these 'Administrative' penalties, they will pay 'Research Fees' not to exceed $175 per hour that Ideanode personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

   3. As our Customers are ultimately responsible for the actions of their clients over the Ideanode network, it is advisable that Customers develop a similar, or stricter, policy for their clients or users with access to their systems.

   4. Open relays are not allowed on Ideanode's network. Your mail server must be secure and only accessible by you or your logged in users.

   5. New customers who are registering a new domain will not have their smtp servers activated until their domain name is activated.

XII. Network

   1. IP Address Ownership: If Ideanode assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Ideanode or our suppliers, and Customer shall have no right to use that Internet Protocol address except as permitted by Ideanode in its sole discretion in connection with the Services, during the term of this Agreement. Ideanode or its suppliers shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Ideanode, and Ideanode reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies and our suppliers interpretation of those rules. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

   2. 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'). Ideanode will monitor Customer's bandwidth and disk usage. Ideanode shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement. Which actions may be taken are in Ideanode's sole and absolute discretion. If Ideanode takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. Please monitor your usage and inform us prior to going over. We reserve the right to waive any overage charges as we understand sites will occasionally have surges in traffic. If there is any waiving of any fees, it is a one time dismissal and should not be construed as a new contract or a promise of dismissal for any future fees.

   3. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Ideanode Network or our suppliers network. Violations of system or network security may result in civil or criminal liability. Ideanode 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. These violations include, without limitation:

         1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

         2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

         3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, 'flooding', 'mail bombing' or 'crashing'.

         4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

         5. Taking any action in order to obtain services to which such User is not entitled.

XIII. Notification of Violation

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

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

   3. Second Violation: Users that Ideanode determines to have committed a second violation of any element of the Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

   4. We reserve the right to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

XIV. Suspension of Service or Cancellation

Ideanode reserves the right to suspend network access to any customer if in the judgment of the Ideanode network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Ideanode deems appropriate. 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.

Ideanode reserves the right to amend its policies at any time. All Sub-Networks, users and site owners 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 and restricted users 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.

XV. Indemnification

Ideanode wishes to emphasize that in agreeing to the Ideanode Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Ideanode for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Ideanode or the bringing of any claim against Ideanode by any third-party. This means that if Ideanode is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Ideanode, plus all costs and attorney's fees.

XVI. DMCA and Copyright

It is the policy of Ideanode to respond expeditiously to claims of intellectual property infringement. Ideanode will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Ideanode will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Ideanode will terminate access for subscribers and account holders who are repeat infringers. Notices of claimed infringement should be directed to:

Registered Copyright Agent
Ideanode
2626 Colorado Blvd
Denver CO 80207

Email Address: copyright@ideanode.com

Please put "Notice of Infringement" in the subject line of all such notifications. When Ideanode removes or disables access to any material claimed to be infringing, Ideanode may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification, although Ideanode makes no promise to do so. Any and all counter notifications submitted by the user will be furnished to the complaining party. Ideanode will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before Ideanode replaces or restores access to any material as a result of any counter notification.

XVII. Miscellaneous Provisions

You must provide us with, and keep current, good contact information for you. E-mail and telephone contacts are used, in that order of preference.

   1. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

   2. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

   3. Ideanode takes no responsibility for any material input by others and not posted to the Ideanode Network by Ideanode. Ideanode is not responsible for the content of any other websites linked to the Ideanode Network; links are provided as Internet navigation tools only. Ideanode disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

   4. Ideanode is not responsible for any damages your business may suffer. Ideanode does not make implied or written warranties for any of our services. Ideanode denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Ideanode.

   5. It is absolutely forbidden to host pornographic content or IRC servers. Accounts found hosting this material will be subject to immediate cancellation without refund.

XVII. Responsibility for Content

You, as Ideanode's customer, are solely responsible for the content stored on and served by your Ideanode server space.

For any questions or comments on these terms, please email legal@ideanode.com.