Terms of Service

This Web Hosting Agreement (this “Agreement”) is between InclusiveHost, a business entity formed under the laws of the State of Arizona (InclusiveHost) and the person (individual or legal person) who signs InclusiveHost’s service order and set up form (the “Order”) incorporating this Agreement by reference (“Customer”). This Agreement governs Customer’s use of InclusiveHost’s Web hosting service.

Table of Contents

    1. Services
    2. Term
    3. Payments
    4. Cancellation and Early Termination
    5. Law/Acceptable Use
    6. Customer Information
    7. Indemnification
    8. Disclaimer of Warranties
    9. Limitation of Damages
    10. Suspension of Services/Termination
    11. Resource Usage
    12. Bandwidth Usage
    13. Request for Customer Information
    14. Back Up Copy
    15. Request for Rebuild/Restore of Hosting Package
    16. Changes to InclusiveHost’s Network
    17. Notices
    18. Force Majeure
    19. Governing Law/Disputes
    20. Promotional Offers
    21. Affiliate Program
    22. Miscellaneous
    23. Acceptable Use Policy
    24. Service Level Agreement

1. Services

Subject to the terms of this Agreement, and contingent on Customer’s satisfaction of InclusiveHost’s credit approval requirements, InclusiveHost agrees to provide the web hosting services described in the Order for the fees stated in the Order.

2. Term

The initial service term of the Agreement shall begin on the date that InclusiveHost generates an e-mail message to Customer announcing the activation of the Customer’s account (the “Service Commencement Date”) and shall continue for the number of months stated in the Order (the “Initial Term”). Upon expiration of the Initial Term, this Agreement shall automatically renew for successive renewal terms (each a “Renewal Term”) unless InclusiveHost or Customer provides the other with written notice of non-renewal at least thirty (30) days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the “Term.”

3. Payments

a) Recurring Fees

Shared hosting packages will renew on the first day of each month (or billing period). Signup invoices for Customer orders received between the 1st and 15th of the month will reflect prorated charges from the date of the order to the 1st of the following month. Customer orders received between the 16th and the last day of the month will include prorated charges for the balance of the current month PLUS the renewal charge for the following month.

Dedicated servers, Virtual Private Servers, and cloud hosting employ the anniversary billing process. Due to commitments at our datacenters, your initial server renewal invoice will be due 25 days after your initial purchase. Subsequent renewals will take place each month until cancellation is requested, or your server agreement is otherwise terminated. Should you choose to cancel your server, a five (5) day period will be added to your final billing term to allow for the safe backup and/or relocation of your important data, and to compensate for the shorter initial term.

InclusiveHost includes a five (5) day grace period for all invoices. This grace period extends from the date invoices are due. InclusiveHost reserves the right to revoke their grace period if a pattern of late payment is observed. All orders made with a credit card are expected to work on the monthly renewal date each month. Any account made inactive for non-payment is subject to a 5% late payment fee, or $1.00, whichever is greater. We reserve the right to terminate your service entirely at any point after the five (5) day grace period.

b) PayPal

Customers selecting manual PayPal payments are responsible for submitting payment of all invoices on the due date reflected on said invoices. Customers selecting automated PayPal are responsible for ensuring that their PayPal subscription reflects accurate current renewal amounts. Customer is responsible for updating their PayPal subscription when upgrades or downgrades are processed.

c) Credit/Debit Cards

If Customer selects credit/debit card as payment method, the card details are stored on file and the card will automatically be charged each billing period on the due date. It is critical that the address on file matches the billing address for the debit/credit card on file. For security purposes, our payment gateway will NOT accept transactions where the address does not match. If our payment gateway detects an address mismatch, Customer may briefly see a pending charge on their account if they use a credit card or see funds withdrawn in the case of a debit card; however, these transactions will normally be cleared within 24-48 hours by the card provider. Issues relating to declined transactions due to address mismatch are the responsibility of the Customer and should be resolved by contacting the card provider for assistance.

d) Mail Payments

Mail payments are not an acceptable method of payment unless a previous arrangement has been signed and filed with management. There will be a USD $2.50 service fee for each mail payment. Accounts with mail payments returned for insufficient funds will be assessed a USD $25 service fee for each returned payment, and no further mail payments will we accepted.

e) Upgrades

Package upgrades are processed by Customer via my.inclusivehost.com. Customers can, at any time, login and upgrade, downgrade or add-on to their packages, with the exception of additional IPs. Requests to add-on or remove additional IPs must be submitted to InclusiveHost via helpdesk ticket at my.inclusivehost.com.

f) Taxes

At InclusiveHost’s request, Customer shall remit to InclusiveHost any or all sales, VAT or similar tax imposed on the provision of the services (but not in the nature of an income tax on InclusiveHost), regardless of whether InclusiveHost fails to collect the tax at the time the related services are provided.

4. Cancellation and Early Termination

Customer acknowledges that the amount of the fee for the service is based on Customer’s agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event InclusiveHost terminates the Agreement for Customer’s breach of the Agreement in accordance with Section 9 (Termination), or Customer terminates the service other than in accordance with Section 9 (Termination) for InclusiveHost breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement. Customer also acknowledges that a minimum of 7 days cancellation notice or downgrade of current package prior to the following renewal term must be given in writing to InclusiveHost or the Customer will be responsible for full payment of the following term. The cancellation request must be submitted via the client portal (link). Due to security concerns we are unable to accept cancellation requests via unauthenticated methods such as email or sales tickets.

a) Satisfaction Guarantee

Some services may include a “satisfaction guarantee” which entitles the Customer to a refund. A customer must request this refund in their cancellation request. Should service be terminated due to Customer’s breach of Agreement, any satisfaction guarantee is rendered null and void.

5. Law/Acceptable Use

Customer agrees to use the service in compliance with applicable law and InclusiveHost’s Acceptable Use Policy posted here (the “AUP”), which is hereby incorporated by reference in this Agreement. Customer agrees that InclusiveHost may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer’s use of the Services. Amendments to the AUP are effective on InclusiveHost’s notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with InclusiveHost’s reasonable investigation of any suspected violation of the AUP. In the event of a dispute between InclusiveHost and Customer regarding the interpretation of the AUP, InclusiveHost’s commercially reasonable interpretation of the AUP shall govern.

6. Customer Information

Customer represents and warrants to InclusiveHost that the information he or she has provided and will provide to InclusiveHost for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to InclusiveHost that he or she is at least 18 years of age. InclusiveHost may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contract.

7. Indemnification

Customer agrees to indemnify and hold harmless InclusiveHost, InclusiveHost’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.

8. Disclaimer of Warranties

INCLUSIVEHOST DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW INCLUSIVEHOST DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS.

9. Limitation of Damages

NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF INCLUSIVEHOST AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR ONE BILLING PERIOD OF SERVICE.

10. Suspension/Termination

a) Suspension of Service

Customer agrees that InclusiveHost may suspend services to Customer without notice and without liability if: (i) InclusiveHost reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) InclusiveHost reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay InclusiveHost’s reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.

b) Termination

The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if InclusiveHost fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail. The Agreement may be terminated by InclusiveHost prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon five (5) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within ten (10) days of a written notice from InclusiveHost describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer’s Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

11. Resource Usage

InclusiveHost Customers may not initiate the following (below), if any customer does InclusiveHost may terminate the account with no refund. Depending on the situation a warning may be sent, though not all situations allow for this.

  • Misuse of System Resources: Intentional misuse of system resources, including but not limited to employing programs that consume excessive network capacity, CPU cycles, or disk I/O.
  • Use 20% or more of system CPU resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
  • Use of any kind of distributed computing software, including but not limited to [email protected], Node Zero and [email protected]
  • Run any file sharing, bit torrent or other P2P network services, client or server software.
  • Run any gaming servers such as counter-strike, half-life, battlefield 1492, etc

12. Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount you will be suspended automatically, but you can upgrade to a larger package and have the service restored. Unused transfer in one month cannot be carried over to the next month.

13. Requests for Customer Information

Customer agrees that InclusiveHost may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that InclusiveHost believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

14. Back Up Copy

Customer agrees to maintain a current copy of all content hosted by InclusiveHost nothwithstanding any agreement by InclusiveHost to provide back up services. Any backup service provided by InclusiveHost is not guaranteed.

15. Request for Rebuild/Restore of Hosting Package

InclusiveHost does not maintain backups of cancelled or terminated hosting accounts. If a backup copy of a hosting package is available, customers may request that InclusiveHost rebuild or restore their hosting package using this backup. There is no guarantee specified or implied that any provided backup is usable. Any terminated or cancelled account that is rebuilt or restored using a backup may be subject to a one-time $20 service fee. If a backup is not available, customers may request a recreation of their hosting package to initial specifications without additional charge.

16. Changes to InclusiveHost’s Network

Upgrades and other changes in InclusiveHost’s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications. InclusiveHost reserves the right to change its network in its commercially reasonable discretion, and InclusiveHost shall not be liable for any resulting harm to Customer.

17. Notices

Notices to InclusiveHost under the Agreement shall be given via helpdesk ticket at my.inclusivehost.com. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.

18. Force Majeure

InclusiveHost shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond InclusiveHost’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

19. Governing Law/Disputes

The Agreement shall be governed by the laws of the State of Arizona, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THE AGREEMENT SHALL BE THE STATE AND FEDERAL COURTS IN MARICOPA COUNTY, INCLUSIVEHOST, AND EACH PARTY AGREES NOT TO DISPUTE SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO.

20. Promotional Offers

a) General Requirements

Prospective clients making use of a promotional coupon must pass all standard fraud checks, including voice and/or SMS verification. Clients must maintain a valid payment method on file at all times, even during promotional periods, including free hosting.

b) Availability

Promotional coupons are valid for all datacenter locations unless otherwise specified.

c) “SWITCH” Promotion

New clients ordering a new Simple, Select or Inclusive hosting plan on Monthly billing will receive a 100% discount on the first billing period. Billing periods of less than 30 days will receive an additional manual bill credit once the terms of the promotion are met. Clients taking advantage of this promotion are required to relocate at least one live website (as evidenced by a domain name utilizing our nameservers, pointing to an operational website hosted on our network) within 30 days. Clients not fulfilling the terms of the promotion will be billed for the discounted period at the currently advertised rate. Client may receive up to five (5) additional months free hosting credit based on renewal terms at their current host. Client must provide access to current host’s billing system or screenshot of renewal terms. Promotional plan may be terminated within the first 30 days without charge or penalty.

d) “Six Months Free” Promotion

Client will receive the first six (6) months of the Simple Web Hosting plan free of charge. Client may upgrade plan and pay the prorated difference between the Simple Web Hosting plan and upgraded plan. Near the conclusion of the free period, client will be invoiced for the next six (6) months of hosting at the currently advertised rate for client’s selected plan. Client may choose to continue hosting by paying the invoice, or may choose to change to a different billing period and/or plan by contacting support. Client may also choose to terminate service by submitting a cancellation request.

e) “Sweet Valentine’s Deal” Promotion

New Clients ordering a new Simple, Select or Inclusive hosting plan on Monthly billing will receive a 100% discount on the first 30 days of hosting. New Clients may also extend their hosting period an additional year on the same plan with a one-time 50% discount. Clients wishing to change plans or choose a different billing period can do so, but without the 50% discount. Promotional plan may be terminated within the first 30 days without charge or penalty.

Existing clients ordering a new Simple, Select or Inclusive hosting plan on Annual billing will receive a one-time 50% discount (must use coupon code “SWEETYEAR”).

21. Affiliate Program

a) Acceptable Use of Referral Link

Your unique referral code may be used in a text link, or associated with banners that have been developed or approved by InclusiveHost. Banner graphics developed by anyone other than InclusiveHost must first be approved before they can be used for promotion. Acceptable promotion methods include blogs, message boards, personal emails, opt-in newsletters, and websites. Unacceptable promotion methods include unsolicited email (spam).

b) Qualifying Products and Services

The following services will earn a recurring 10% commission for the life of the service: Simple Hosting, Select Hosting, Inclusive Hosting. The following services will earn a recurring 5% commission for the life of the service: Simple VPS, Simple Cloud, Dedicated Servers. No other products or services qualify for commissions at this time.

c) Legitimacy of Referrals

Referred accounts must remain active for at least one month before they are eligible for affiliate commissions. Referred accounts must comply with our Terms of Service and Acceptable Use Policy at all times. Any account in violation of these policies will be removed from the Affiliate Program, with associated commissions forfeited.

d) Withdrawal of Commissions

Minimum payout is $50 USD. Payouts are made via Paypal or account credit within 15 days of the request. Your client account must be in good standing with no suspended services in order to receive payouts.

22. Miscellaneous

Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trade mark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer’s purchase order or other business forms are not binding on InclusiveHost unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without InclusiveHost’s prior written consent. InclusiveHost’s approval for assignment is contingent on the assignee meeting InclusiveHost’s credit approval criteria. InclusiveHost may assign the Agreement in whole or in part.

This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supercedes and replace any prior understanding or communication, written or oral.

Last updated on 8/26/14

23. ACCEPTABLE USE POLICY

This AUP governs the use of InclusiveHost’s web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and InclusiveHost regarding the interpretation of this AUP, InclusiveHost’s interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding this AUP, contact [email protected]

Offensive Content

You may not publish or transmit via InclusiveHost’s service any content that InclusiveHost reasonably believes:

  • constitutes child pornography;
  • constitutes pornography;
  • is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
  • is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
  • is defamatory or violates a person’s privacy;
  • creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
  • improperly exposes trade secrets or other confidential or proprietary information of another person;
  • is intended to assist others in defeating technical copyright protections;
  • clearly infringes on another person’s trade or service mark, patent, or other property right;
  • promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
  • is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to InclusiveHost; or
  • is otherwise malicious, fraudulent, or may result in retaliation against InclusiveHost by offended viewers;

Unaccepted Materials

InclusiveHost does not accept material such as:

Warez, Public Proxies (Private permitted), Escrow, High Yield Investment Programs (HYIP), illegal Gambling and Lottery sites or services.
Content “published or transmitted” via InclusiveHost’s service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by InclusiveHost.

* InclusiveHost can terminate service for any of the above reasons and is at InclusiveHost’s sole discretion to issue a refund

Security

You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.

Bulk Commercial E-Mail

You must obtain InclusiveHost’s advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to InclusiveHost’s reasonable satisfaction:

  • Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
  • Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
  • You retain evidence of the recipient’s consent in a form that may be promptly produced on request, and you honor recipient’s and InclusiveHost’s requests to produce consent evidence within 72 hours of receipt of the request.
  • You have procedures in place that allow a recipient to easily revoke their consent – such as a link in the body of the e-mail, or instructions to reply with the word “Remove” in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;
  • You must have a Privacy Policy posted for each domain associated with the mailing;
  • You have the means to track anonymous complaints;
  • You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the “TO” line of the e-mail; and
  • You otherwise comply with the CAN SPAM Act and other applicable law.

These policies apply to messages sent using your InclusiveHost service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your InclusiveHost service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.

InclusiveHost may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.

Unsolicited E-Mail

You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it.

You must comply with the rules of any other network you access or participate in using your InclusiveHost’s services.

Material Protected by Copyright

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

  • you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
  • you are otherwise permitted by established United States copyright law to copy the work in that manner.

InclusiveHost will terminate the service of repeat copyright infringers.

Copyright Infringement Notice (Digital Millennium Copyright Act)

If you believe your copyright is being infringed by a person using the InclusiveHost network, please send your written notice of copyright infringement to:

InclusiveHost
PO Box 25006 #20330
Phoenix AZ 85002
Telephone: (480) 382-1656
Email: [email protected]

Your notice must include the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit InclusiveHost to locate the material;
  • Information reasonably sufficient to permit InclusiveHost to contact you, such as an address, telephone number, and, if available, an e-mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law;
  • A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Other

You must have valid and current information on file with your domain name registrar for any domain hosted on the InclusiveHost network.

Disclaimer

InclusiveHost is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the InclusiveHost network.

Inquiries regarding this policy should be directed to Legal dept at [email protected]

Internet Abuse

You may not engage in illegal, abusive, or irresponsible behavior, including:

  • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to InclusiveHost and its customers) without express authorization of the owner of the system or network;
  • monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
  • Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
  • Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
  • Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
  • Any conduct that is likely to result in retaliation against the InclusiveHost network.
  • Use of InclusiveHost’s network in a way that unreasonably interferes with InclusiveHost’s other customers use of the network

Newsgroup, Chat Forums, Other Networks

You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.

24. SERVICE LEVEL AGREEMENT

Product and Service Deployment

During sales hours (6 AM – 8 PM MST), Shared and Reseller Hosting orders will be completed in less than one (1) hour. Virtual Private Server (VPS), Cloud and Dedicated Hosting orders will be completed within one business day.

Note that in some cases, additional time may be required due to fraud verification or special order handling. In these cases, customers will be notified via helpdesk ticket.

Server Maintenance

Any Dedicated Server maintenance required due to hardware failure shall be completed in 90 minutes or less. This time is measured once troubleshooting has completed.

Network and Service Uptime

At InclusiveHost we strive to maintain a 100% network and service uptime rate. Unfortunately however, technology can and will fail from time to time. In order to compensate for such unexpected incidents, we shall provide the following credit amounts:

  • Less than 100% uptime – 5% account credit
  • Less than 99% uptime – 10% account credit
  • Less than 98% uptime – 25% account credit
  • Less than 95% uptime – 50% account credit
  • Less than 90% uptime – 100% account credit

“Uptime rate” is the percentage of minutes online within a 720 hour (approximately one month) period. Minimum amount of credit issued is $1.00 USD. Credits shall automatically be issued to affected clients within 24 hours of incident resolution. Incidents qualifying for SLA credits are those acknowledged and published by InclusiveHost in the client portal. Clients experiencing a possible incident that has not been published in the client portal should contact the helpdesk immediately.

Ticket Response, Escalation, and Callback Requests

It is the goal of InclusiveHost to respond to all helpdesk and callback requests in a timely manner. We have established the following response guarantees to support this goal:

  • High Priority Tickets (non-Sales or Billing) – Less than One (1) Hour Response
  • Medium Priority Tickets (non-Sales or Billing) – Less than One (1) Hour Response (Less than Four (4) Hours on New Year’s Day, Independence Day, Thanksgiving Day and Christmas Day)
  • Low Priority Tickets (non-Sales or Billing) – Less than Four (4) Hours Response

InclusiveHost reserves the right to alter ticket priority and/or department based on the issue at hand. For example, a High Priority ticket submitted for an offline server may receive lower priority if it is determined the server is not actually offline.

Callback Requests and tickets requiring escalation to a system administrator or management shall receive a response within 24 hours.

Sales and Billing Tickets shall be answered between 6 AM and 8 PM Mountain Standard Time.