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Web & Internet Strategy + Solutions

Hosting Terms of Service

Acceptable Use Guidelines

GENERAL

These Acceptable Use Guidelines (“Usage Guidelines”) describe the proper kinds of conduct and prohibited uses of iContext’s hosting services (the “Services”). iContext reserves the right to modify these Usage Guidelines at any time, effective upon posting of the modified Usage Guidelines to the iContext website. By engaging iContext to provide the Services, and thereby accepting the terms and conditions of the Hosting Terms of Service, you agree to abide by these Usage Guidelines as modified from time to time. Any violation of these Usage Guidelines may result in the suspension or termination of your account or such other action as iContext deems appropriate.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE USAGE GUIDELINES, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, WILL BE CONSIDERED VIOLATIONS OF THE USAGE GUIDELINES BY YOU.

If you want to report any violations of these Usage Guidelines, please contact support@icontext.com.

1. YOUR GENERAL RESPONSIBILITIES

The Services enable you to display a web site through which you can interact with users of the Internet and retrieve and send information. Generally, iContext will not actively monitor or censor any content that is or will be displayed on your web site(s) or information that you collect or use through your web site(s). iContext, however, provides the Services with the goals of (a) ensuring security, reliability and privacy of the Services and the users of the Services, (b) maintaining an image and reputation of iContext as a responsible provider of the Services, (c) preserving the value of Internet resources as a conduit for free expression, (d) encouraging the responsible use of Internet resources and discouraging degrading, libelous or illegal uses of such resources. Consequently, iContext expects you, and all other users of the Services, to take responsibility in using the Internet with courtesy and responsibility, and be familiar with and to practice good Internet etiquette, in furtherance of the above stated goals.

VIOLATION OF ANY OF THESE USAGE GUIDELINES IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM ICONTEXT ACCORDING TO THE HOSTING AGREEMENT. YOU WILL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT IS DISPLAYED, UPLOADED, DOWNLOADED OR TRANSMITTED THROUGH THE USE OF THE SERVICES. “CONTENT” INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS ICONTEXT’S POLICY TO TERMINATE REPEAT INFRINGERS.

2. ILLEGAL OR HARMFUL USE

You may use the Services only for lawful purposes. Transmission, distribution, sale, or storage of any material in violation of any applicable law, regulation, or these Usage Guidelines is prohibited. The following non-exhaustive list details the kinds of illegal or harmful conduct are prohibited. iContext reserves the rights to restrict or prohibit any and all uses of the Services or content on your web site(s) and to remove such materials from its servers, that iContext determines in its sole discretion is harmful to its servers, systems, network, reputation, good will, other iContext clients, or any third party.

Infringement. Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret, or other intellectual property right used without proper authorization. Infringement may result from, among other activities, the unauthorized copying and posting of pictures, logos, software, articles, musical works, and videos.

Offensive Materials. Transmission, disseminating, sale, storage or hosting material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.

Export Violations. Posting or sending of software or technical information in violation of Canada export laws as maintained by Foreign Affairs and International Trade Canada.

Harmful Content. Disseminating or hosting harmful content including, without limitation, viruses, Trojan horses, worms, “time bombs”, “cancelbots” or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.

Fraudulent Conduct. Offering or disseminating fraudulent goods, services, schemes, or promotions (i.e., make money fast schemes, chain letters, pyramid schemes), or furnishing false data on any signup form, contract or on-line application or registration, or the fraudulent use of any information obtained through the use of the Services, including without limitation use of credit card numbers.

3. SYSTEM AND NETWORK SECURITY AND INTEGRITY

Violations of iContext’s or any third party’s server, system or network security through the use of the Services are prohibited, and may result in criminal and civil liability. iContext may investigate incidents involving such violations. iContext may involve and cooperate with law enforcement if a criminal violation is suspected. Examples of server, system or network security violations include, without limitation, the following:

Hacking. Unauthorized access to or use of data, systems, server or networks, including any attempt to probe, scan or test the vulnerability of a system, server or network or to breach security or authentication measures without express authorization of the owner of the system, server or network.

Interception. Unauthorized monitoring of data or traffic on any network, server, or system without express authorization of the owner of the system, server, or network.

Intentional Interference. Interference with service to any user, host or network including, without limitation, “mail bombing”, “news bombing”, other flooding techniques, deliberate attempts to overload a system, broadcast attacks and any activity resulting in the crash of a host. Intentional interference also means the use of any kind of program / script / command, or send messages of any kind, designed to interfere with a user’s terminal session, via any means, locally or by the Internet.

Falsification of Origin. Forging of any TCP-IP packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers.

Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on the Services such as timing out.

Failure to Safeguard Accounts. Failing to prevent unauthorized access to accounts, including any account passwords.

4. E-MAIL

You may not distribute, publish, or send any of the following types of e-mail:

Unsolicited promotions, advertising or solicitations (commonly referred to as “spam”), including, without limitation, commercial advertising and informational announcements, except to those who have explicitly requested such e-mails.

Commercial promotions, advertising, solicitations, or informational announcements that contain false or misleading information in any form.

Harassing e-mail, whether through language, frequency, or size of messages.

Chain letters.

Malicious e-mail, including without limitation “mail bombing” (flooding a user or web site with very large or numerous pieces of mail) or “trolling” (posting outrageous messages to generate numerous responses).

E-mails containing forged or falsified information in the header (including sender name and routing information), or any other forged or falsified information.

In addition, you may not use iContext’s mail servers or another web site’s mail server to relay mail without the express permission of the account holder or the web site. Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting) also is explicitly prohibited.

Service Levels

1. 99.9% UPTIME GUARANTEE

(a) Coverage

These Service Level guidelines apply to you if you have engaged iContext for hosting services and you are in good financial standing with iContext.

(b) Service Level

iContext endeavors to have the content of your web site available for http access by third parties 99.9% of the time (“Web Site Availability”).

(c) Credits

In the event that there is no Web Site Availability, iContext will credit the following month’s service fee retroactively, as calculated below and as measured 24 hours a day in a calendar month, with the maximum credit not to exceed the monthly service charge for the affected month.

Client Web Site Availability Credit

  • 95% to 99% Uptime: 25% Credit
  • 90% to 94.9% Uptime: 50% Credit
  • 89.9% or below Uptime: 100% Credit

In order for you to receive a credit on your account, you must request such credit within ten (10) business days after you experience a period of no Web Site Availability. You must request credit by sending an e-mail message to support@icontext.com. The body of this message must contain the dates and times of the unavailability of your web site. Any credit will usually be applied within sixty (60) days of your credit request. Credit to your account will be your sole and exclusive remedy in the event that there is no Web Site Availability.

(d) Restrictions

Credits will not be provided to you in the event that you have no Web Site Availability resulting from (i) scheduled maintenance as posted from time to time at www.icontext.com/operations/systems-status, (ii) your behavior or the performance or failure of your equipment, facilities or applications, or (iii) circumstances beyond iContext’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site.