All users of IWP's
services, and all customers upon signing up for IWP's
services, agree to comply with IWP's Terms of Use (“TOU”).
The purpose of the TOU is to ensure customers are using
IWP's services with due regard to the rights of other
Internet users and in conformity with the requirements
of IWP's network environment. The TOU are not exhaustive
and IWP reserves the right to add, delete, or modify any
provision of its TOU at any time without notice,
effective upon either the posting of the modified TOU to
www.iwp.biz
or notification of the modified TOU. Any complaints
about a customer’s violation of the TOU should be sent
to abuse@iwp.biz. The TOU supersedes any other agreement
with IWP, whether written, oral, by conduct, or
otherwise.
A.
IWP Web Hosting &
Reseller Customer Restrictions
B.
IWP
Dedicated Server Customer Restrictions
C.
All IWP
Customer Terms of Use
D.
All IWP
Customer Billing Policy
A.
IWP Web Hosting & Reseller
Customer Restrictions
The following Terms of Use apply ALL IWP's Web Hosting
and Reseller's, and their customers, and supplement the
terms in sections C and D that apply to all IWP
customers:
Reseller Accounts
IWP does not offer any direct support to our reseller's
customers, that is the sole responsibility of the
reseller. If you are unable to resolve their support
issues, or it is beyond the scope of account privileges
please submit a trouble ticket to our support desk. You,
the reseller, your customers or clients, and any account
which is hosted under your reseller account must abide
by IWP's Terms of Use Policy.
Server Resources
Any web site that uses a high amount of server resources
(such as, but not limited to, CPU time, memory usage,
and network resources) will be given the option to
either pay additional fees (which will depend on the
resources required), reduce the resources used to an
acceptable level, or upgrade its service to a Dedicated
Server plan. IWP will be the sole arbiter of what is
considered to be a high server usage level. All Web
Hosting and Reseller accounts come with a limit of 5,000
files per account and/or per resellers customer account.
Each block of 5,000 files after the initial 5,000 will
incur an additional charge of Rs.500/month. Any Web
Hosting and Reseller account deemed to be adversely
affecting server performance or network integrity will
be shut down without prior notice.
Spamming
Sending unsolicited bulk and/or commercial messages over
the Internet (known as "spamming") is prohibited,
regardless of whether or not it overloads a server or
disrupts service to IWP's customers. The term "spamming"
also includes, but is not limited to, maintaining an
open SMTP policy, engaging in spamming using the service
of another ISP or IPP and referencing in the spam a web
site hosted on a IWP server, and selling or distributing
software (on a web site residing on a IWP server) that
facilitates spamming. Do not advertise or put our link
on any site that is promoted in any way related to
unsolicited email, ICQ or IRC spams, or newsgroup
postings. Opt-in email newsletters require pre-approval.
Please be aware, MRG lists is not acceptable, as well
as, any other program that hides the sender email
address. We terminate sites without notification when
any of these types of programs are discovered.
First violations of this policy will result in an
"Administrative Fee" of Rs.200 and your account will be
reviewed for possible immediate termination. A second
violation will result in an "Administrative Fee" of
Rs.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" of Rs.500 that IWP personnel must spend to
investigate the matter.
IWP reserves the right to determine, in its sole and
absolute discretion, what constitutes a violation of
this provision.
Bulk Email Policy
We also monitor "Bulk E-mail". Any mailing over 2500
messages must be pre-approved. In addition, any email
account sending over 500 messages per day will be
considered "Bulk". There are some arrangements that can
be made to accommodate a user with a large list which
includes extra fees and special mail scheduling
software. There is a limit of 250 email per hour that
each domain can send out through SMTP. IWP reserves the
right to determine, in its sole and absolute discretion,
what constitutes a violation of this provision.
IP Address Ownership
If IWP assigns Customer an Internet Protocol address for
Customer's use, the right to use that Internet Protocol
address shall belong only to IWP, and Customer shall
have no right to use that Internet Protocol address
except as permitted by IWP in its sole discretion in
connection with the Services, during the term of this
Agreement. IWP shall maintain and control ownership of
all Internet Protocol numbers and addresses that may be
assigned to Customer by IWP, and IWP 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. 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.
CGI Scripts
Any scripts that pose a potential security risk or are
deemed to be adversely affecting server performance or
network integrity will be shut down or will be
automatically removed without prior notice. IWP does not
permit CGI script sharing with domains not hosted by IWP
or any scripts that may be abused for UCE purposes.
Chat Rooms
IWP does not allow Web Hosting and Reseller customers to
install their own chat rooms. Chat rooms tend to require
significant system resources and therefore cannot be
permitted as an account option. IWP provides chat rooms
that meet most users' needs and run without hindering
system performance.
Background Running Programs
IWP may allow programs to run in the background. These
programs will be considered on an individual basis and
Web Hosting and Reseller customers will incur extra
charges based on system resources used and operational
maintenance needed. If you wish to run background
programs please contact IWP at support@iwp.biz so that
we can arrange set-up.
IRC
IWP does not allow IRC or IRC bots to be operated by Web
Hosting and Reseller customers. If an IRC program is
discovered, immediate termination will result without
warning. The following processes are illegal on our
servers and will be killed automatically: BitchX, bnc,
eggdrop, guardservices, ircd, psyBNC, ptlink, or like
services.
Multimedia Files
Multimedia files are defined as any audio and/or video
files. IWP Web Hosting and Reseller accounts are not to
be used for the purposes of distributing and storing
unusual amounts of multimedia files. Any web site whose
disk space usage for storing multimedia files exceeds
70% of its total usage, in terms of total size or number
of files, will be considered to be using an unusual
amount of multimedia files.
Databases
Any database stored on IWP's Web Hosting and Reseller
servers will be limited in size to 10% of the total disk
space allotted for that particular domain's plan/web
hosting account.
SSH/Telnet Access
SSH access to our server is granted on a limited basis.
To obtain SSH access you need to send support@iwp.biz a
copy of the account holders photo ID. Also include
justification to why you need SSH access, we will then
determine if we will grant SSH access to you. There are
very few vaild reasons for granting SSH access.
phpshell / cgitelnet scripts, like scripts are not
allowed at all, for any reason on our servers. Any
website found with this script installed will be
immeidately terminated. IWP reserves the right to
determine, in its sole and absolute discretion, what
constitutes a violation of this provision.
System and Network Security
Users are prohibited from violating or attempting to
violate the security of the IWP Network. Violations of
system or network security may result in civil or
criminal liability. IWP 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:
Accessing data not intended for such user or logging
into a server or account, which such user is not
authorized to access.
Attempting to probe, scan or test the vulnerability of a
system or network or to breach security or
authentication measures without proper authorization.
Attempting to interfere with service to any user, host
or network, including, without limitation, via means of
overloading, "flooding", "mail bombing" or "crashing".
Forging any TCP/IP packet header or any part of the
header information in any e-mail or forum posting.
Taking any action in order to obtain services to which
such user is not entitled.
Attempting to couple many hosting packages together to
take advantage of massive space or bandwidth
allocations. Each hosting package purchased is unique to
a domain name and use - please do not purchase multiple
"plan 1's" for instance to get the combined bandwidth &
space. IWP will stop such transactions and label them as
deceptive. We have an upgrade path for all services and
we can often times work out special deals for users if
they ask us for the assistance.
B. IWP Dedicated Server Customer Restrictions
The following Terms of Use apply only to IWP's Dedicated
Server customers, and supplement the terms in sections C
and D that apply to all IWP customers:
Customer Security Responsibilities
The customer is solely responsible for any breaches of
security affecting servers under customer control. If a
customer's server is involved in an attack on another
server or system, it will be shut down and an immediate
investigation will be launched to determine the
cause/source of the attack. In such event, the customer
is responsible for the cost to rectify any damage done
to the customer's server and any other requirement
affected by the security breach.
IRC
IWP does not allow Dedicated Server customers the use of
IRC inside the IWP network. If an IRC program is
discovered, immediate termination will result without
warning.
Billing for Network Resources
The customer understands that the customer is
responsible for paying for any network resources that
are used to connect the customer's server to the
Internet. The customer may request that the customer's
server be disconnected from the Internet, but the
customer will still be responsible for paying for any
network resources used up to the point of suspension or
cancellation.
C. All IWP Customer Terms of Use
The following Terms of Use apply to ALL IWP customers,
and all IWP's resellers customers:
Bandwidth
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. IWP will
monitor Customer's bandwidth and disk usage. IWP 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 is in IWP sole and absolute
discretion. If IWP 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. In the
event that a customer exceeds the included allocation,
IWP may, at its sole discretion, collect a deposit, in
an amount determined by IWP, against customer's credit
card on file with IWP.com.
IWP Services
IWP's services include, but are not limited to:
any act of preparing, setting up, connecting,
maintaining, terminating, or reconnecting customers’
account (including all billing data and the space on the
particular Web server that IWP provides to customers);
any use by customers, or any access provided to
customers by IWP, of computing, telecommunications,
software, information, hardware, and equipment;
any act, or provision of any service, by IWP to
customers, related to web hosting and domain name
registrations (including server usage and technical
support), regardless of duration and whether paid for or
not;
any provision by IWP to customers, of any space,
Internet connectivity, or electrical power;
any access or use related to the IWP's web site,
including the web site itself;
any other service mentioned in the TOU;
any other service provided by IWP to customers, whether
used or not;
any other IWP services that are used by customers,
whether offered or provided by IWP to customers.
Ownership of Web Site
The legal owner of customers’ web sites and accounts
with IWP will be the individual or organization whose
name is listed in IWP's database as the owner. Customers
will fully cooperate with and abide by any and all of
IWP's security measures and procedures in the event of
any dispute over ownership of customers’ web sites and
accounts with IWP.
Illegal Use
IWP servers may be used for lawful purposes only.
Transmission, storage, or distribution of any
information, data, or material in violation of any
applicable law or regulation, or that may directly
facilitate the violation of any particular law or
regulation is prohibited. This includes, but is not
limited to: copyrighted material; trademarks; trade
secrets or other intellectual property rights used
without proper authorization; material that is obscene,
defamatory, constitutes an illegal threat, or violates
export control laws. Additionally, in purchasing IWP
services, all IWP customers certify that they and/or the
organization they represent in procuring services from
IWP are not, nor have been designated, a suspected
terrorist; are not owned or controlled by a 'suspected
terrorist'; and are not on, are not a member of, related
to, associated with, or controlled by any such
organizations.
Spamming
Sending unsolicited bulk and/or commercial messages over
the Internet (known as "spamming") is prohibited,
regardless of whether or not it overloads a server or
disrupts service to IWP's customers. The term "spamming"
also includes, but is not limited to, maintaining an
open SMTP policy, engaging in spamming using the service
of another ISP or IPP and referencing in the spam a web
site hosted on a IWP server, and selling or distributing
software (on a web site residing on a IWP server) that
facilitates spamming. Violators will be assessed a
minimum fine of Rs.2500 and will face immediate
suspension. IWP reserves the right to determine, in its
sole and absolute discretion, what constitutes a
violation of this provision.
System and Network Abuse
Violations of system or network security are prohibited
and may result in criminal and civil liability. Examples
of system or network security violations include,
without limitation the following: 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 without express 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; forging of
any TCP-IP packet header or any part of the header
information in an email or a newsgroup posting.
Viruses and Other Destructive Activities
Use of IWP's services or equipment for creating or
sending Internet viruses, worms or Trojan horses, or for
pinging, flooding or mail bombing, or engaging in denial
of service attacks is prohibited. It is also prohibited
for any customer to engage in other activity that is
intended to disrupt or interfere with, or that results
in the disruption of or interference with, the ability
of others to effectively use IWP's services and
equipment (or any connected network, system, service or
equipment) or conduct their business over the Internet.
Copyright Violations
The Digital Millennium Copyright Act ("DMCA") sets forth
the law regarding the use of copyrighted materials on
the Internet. All IWP customers are subject to the
requirements of the DMCA. Individuals or entities
submitting notifications of copyright infringement by a
IWP customer (per the DMCA) to IWP must follow the below
procedures. Copyright infringement notifications
submitted to IWP according to these procedures will be
processed within 21 days of receipt. Customers who are
the subject of a DMCA notification that meets the below
criteria may be subject to account termination at IWP's
sole discretion.
DMCA Copyright Infringement Notification Requirements:
a. Signature of the copyright owner or a person
authorized to act on the copyright owner's behalf (the
"Claimant").
b. Identification of the copyrighted work(s) claimed to
have been infringed.
c. Identification of the material claimed to infringe
the copyright(s), and enough information for IWP to
locate it including URLs and specific descriptions of
the infringing material at each URL.
d. The Claimant's name, address, and telephone number(s).
e. A statement that the Claimant has a good faith belief
that use of the disputed material is not authorized by
the copyright owner or his agent.
f. A statement, under penalty of perjury, that the
information in the notification of copyright
infringement is accurate and that the Claimant is
authorized to act on behalf of the copyright owner.
g. Mail the notification to: abuse@iwp.biz
Adult Content
Adult Content and sex-related merchandising are not
allowed on IWP servers. This includes sites that may
infer sexual content or provide links to adult content
elsewhere.
Child Pornography
The use of IWP's services to store, post, display,
transmit, advertise or otherwise make available child
pornography is prohibited. IWP is required by law, and
will, notify law enforcement agencies when it becomes
aware of the presence of child pornography on, or being
transmitted through, its services. This is also true for
sites that promote any illegal activity or content that
may be damaging to our servers or any other server on
the Internet, or provide links to such sites.
Privacy
IWP is concerned with the privacy of on-line
communications and web sites. In general, the Internet
is neither more nor less secure than other means of
communication, including mail, facsimile, and voice
telephone service, all of which can be intercepted and
otherwise compromised. As a matter of prudence, however,
IWP urges its customers to assume that all of their
on-line communications are insecure. IWP cannot take any
responsibility for the security of information
transmitted over IWP's facilities.
Customer Responsibility
Customers are required to use the IWP
network responsibly. This includes
respecting the other customers of IWP. IWP
reserves the right to suspend and/or cancel
service with any customer who uses the IWP
network in such a way that adversely affects
other IWP customers. While IWP may monitor
its service electronically to determine that
its facilities are operating satisfactorily,
as a general practice, IWP does not monitor
its customers' communications or activities
to determine whether they are in compliance
with the TOU. However, when IWP becomes
aware of any violation of the TOU or other
user agreements, IWP may take any action to
stop or correct such violation, including,
but not limited to, denying access to IWP's
services and equipment or to the Internet.
In addition, IWP may take action against a
customer or a customer of such customer
because of the activities of such customer.
IWP anticipates that customers who offer
Internet services will cooperate with IWP in
any corrective or preventive action that IWP
deems necessary. Failure to cooperate with
such corrective or preventive measures is a
violation of IWP policy and IWP reserves the
right to take any such action even though
such action may affect other customers of
the IWP customer.
Actions Taken by IWP
The failure by a customer to meet or follow
any of the TOU is grounds for account
deactivation. IWP will be the sole arbiter
as to what constitutes a violation of the
TOU. IWP reserves the right to remove any
account without prior notice and to refuse
service to anyone at any time. When IWP
becomes aware of an alleged violation of its
TOU, IWP will initiate an investigation.
During the investigation, IWP may restrict a
customer's access in order to prevent
further potentially unauthorized activity.
Depending on the severity of the violation,
IWP may, at its sole discretion, restrict,
suspend, or terminate a customer's web
hosting account, or resellers customers
account and/or pursue other civil remedies.
If such violation is a criminal offense, IWP
will notify the appropriate law enforcement
authorities of such violation. An unlisted
activity may also be a violation of the TOU
if it is illegal, irresponsible, or
constitutes disruptive use of the Internet.
IWP does not issue credits for outages
incurred through service disablement
resulting from TOU violations. Violators of
the policy are responsible, without
limitations, for the cost of labor to
rectify any damage done to the operation of
the network and business operations
supported by the network, and to respond to
complaints incurred by IWP.
Indemnification
IWP customers agree to protect, defend, hold
harmless, and indemnify IWP, any third party
entity related to IWP (including, without
limitation, third party vendors), and IWP's
executives, directors, officers, attorneys,
managers, employees, consultants,
contractors, agents, parent companies,
subsidiaries, and co-subsidiaries with the
same parent company as IWP, from and against
any and all liabilities, losses, costs,
judgments, damages, claims, or causes of
actions, including, without limitation, any
and all legal fees and expenses, arising out
of or resulting in any from the customer’s
use of IWP's services.
Disclaimer
The IWP service is provided on an as is, as
available basis without warranties of any
kind, either express or implied, including,
but not limited to, warranties of
merchantability, fitness for a particular
purpose or non-infringement. IWP expressly
disclaims any representation or warranty
that the IWP service will be error-free,
secure or uninterrupted. No oral advice or
written information given by IWP, its
employees, licensors or the like, will
create a warranty; nor may you rely on any
such information or advice. IWP and its
partners and suppliers will not be liable
for any cost or damage arising either
directly or indirectly from any transaction
or use of the service.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT, AND UNDER NO
THEORY OF LAW OR EQUITY, WILL IWP
(INCLUDING, WITHOUT LIMITATION, IWP's
EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS,
MANAGERS, EMPLOYEES, CONSULTANTS,
CONTRACTORS, AGENTS, PARENT COMPANIES,
SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME
PARENT COMPANY AS IWP, AFFILIATES,
THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS,
OR THE LIKE) OR ANYONE ELSE INVOLVED IN
CREATING, PRODUCING, OR DISTRIBUTING IWP's
SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN
NAME, OR ANY BUSINESS OR PERSONAL LOSS,
REVENUES DECREASE, EXPENSE SINCREASE, COSTS
OF SUBSTITUTE PRODUCTS AND/OR IWP SERVICES,
OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR
FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL,
PUNITIVE OR INDIRECT DAMAGES OF ANY KIND
ARISING OUT OF ANY USE OF, OR ANY INABILITY
TO USE, ANY IWP SERVICES EVEN IF VITIY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IWP's TOTAL CUMULATIVE LIABILITY,
IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR
ANY AND ALL DAMAGES, RELATED TO THE TOU OR
IWP's SERVICES, INCLUDING, WITHOUT
LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY
ACT OR OMISSION BY IWP OR IWP's
REPRESENTATIVES, OR UNDER ANY OTHER THEORY
OF LAW OR EQUITY, WILL BE LIMITED TO, AND
WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT
PAID BY THE CUSTOMER FOR THE SERVICES WHICH
GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES
OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR
TO THE DATE THE DAMAGE OR LOSS OCCURRED OR
THE CAUSE OF ACTION AROSE.
Modifications
IWP may discontinue, upgrade, replace,
modify, or change in any way, without
limitation or notification to customers, any
software, application, program, data,
hardware, equipment, or portions or
components thereof, used to provide
customers with IWP's services. Certain
changes to IWP's services may affect the
operation of customers’ personalized
applications and content. Each customer is
solely responsible, and IWP is not liable,
for any and all such personalized
applications and content, except as
expressly agreed to by IWP.
Backup of Data
Except where IWP has expressly agreed in
writing to the contrary, customers are
solely and entirely responsible, and IWP is
in NO way responsible, for the management
and backup of all customer data, and all
updates, upgrades, and patches to any
software that customers use in connection
with IWP services. We will perform nightly
backups of your sites, however this is only
for use in case of catastrophic incidents,
you are responsible to all off site backups.
The backups we perform are not available to
customers directly.
Third Party Licenses
IWP makes a reasonable effort to provide
customers with technologies, developments,
and innovations (collectively
“Technologies”), part of which may be
licensed, or co-branded, from or by, third
party entities. However, IWP makes NO
warranty of any kind, either express or
implied, regarding the quality, accuracy,
reliability, validity, or continued
existence of any or all aspects of such
Technologies. Moreover, IWP specifically
disclaims all warranties of merchantability
and and fitness for a particular purpose for
such Technologies. Furthermore, no customer
will hold IWP liable in any way for the
revocation of any license, which has been
licensed to IWP. The use of the Technologies
obtained from or through IWP, or any other
referred third party, whether directly or
indirectly, is at the sole risk of
customers.
Non-IWP Products
Any mention of non-IWP products by IWP, its
employees, or any third party entity related
to IWP is for information purposes only and
does not constitute an endorsement or
recommendation by IWP. IWP disclaims any and
all liabilities for any representation or
warranty made by the vendors of such non-IWP
products or services.
IWP's Intellectual Property
Customers will not, without IWP's express
written consent, copy, reproduce, republish,
or otherwise use any material, in whole or
in part, that is located on IWP's web site,
and customers will not use any of IWP's
trademarks, service marks, copyrighted
materials, or other intellectual property
without IWP's express written consent.
Customers will not, in any way, misrepresent
their relationship with IWP, attempt to pass
themselves off as IWP, or claim that
customers are IWP.
Assignment
Customers may not assign or delegate their
rights or obligations under the TOU or other
agreement for IWP's services, either in
whole or in part, without the prior written
consent of IWP.
Minimum Age Requirement
IWP customers must be at least 18 years of
age. Any individual under the age of 18
years (“Minor”) must have a parent or
guardian accept the TOU in order for the
Minor to become a IWP customer. A parent or
guardian who accepts the TOU on behalf of a
Minor will be primarily liable for ensuring
complete and proper compliance with the TOU,
including the timely and full payment of the
charges for IWP services, and such primary
liability will continue even when the Minor
has attained the age of 18, unless the
parent or guardian obtains IWP's express
written consent to the contrary. Any
acceptance of the TOU or any other agreement
for IWP's services will be deemed null and
void to the extent that IWP will not be
liable in any way as a result of the Minor’s
age or legal incapacity or the Minor’s use
of IWP's services.
Governing Law and Severability
The TOU, and any other agreement for IWP
services, will be governed by and construed
in accordance with the laws of New Delhi,
INDIA without reference to its conflicts of
laws principles. Any litigation or
arbitration between a customer and IWP will
take place in New Delhi, India, and the
customer will consent to personal
jurisdiction and venue in that jurisdiction.
If any provision or portion of the TOU or
other IWP agreement is found by a court of
competent jurisdiction to be unenforceable
for any reason, the remainder of the TOU or
the agreement will continue in full force
and effect.
Force Majeure
IWP will not be liable for delays in its
performance of the TOU or IWP services
caused by circumstances beyond IWP's
reasonable control, including acts of God,
wars, insurrection, civil commotions, riots,
national disasters, earthquakes, strikes,
fires, floods, water damage, explosions,
shortages of labor or materials, labor
disputes, transportation problems,
accidents, embargoes, or governmental
restrictions (collectively “Force Majeure”).
IWP will make reasonable efforts to reduce
to a minimum and mitigate the effect of any
Force Majeure. Notwithstanding anything
contained elsewhere herein, lack of finances
will not be considered an event of Force
Majeure nor will any event of Force Majeure
suspend any obligation of customers for the
payment of money due.Waiver and AmendmentAny
waiver, modification, or amendment of any
provision of the TOU or other agreement for
IWP services, initiated by a customer, will
be effective only if accepted in writing and
signed by an authorized representative of
IWP.
Independent Contractors
Nothing in this Agreement will be construed
as creating a partnership or relationship of
employer and employee, principal and agent,
partnership or joint venture between IWP and
its customers. Each of IWP and its customers
will be deemed an independent contractor at
all times and will have no right or
authority to assume or create any obligation
on behalf of the other, except as may be
expressly provided herein.
Construction and Interpretation
Wherever in this TOU the masculine,
feminine, or neuter gender is used, it will
be construed as including all genders, and
wherever the singular is used, it will be
deemed to include the plural and vice versa,
where the context so requires. The division
of the TOU into sections/paragraphs, and the
insertion of headings/captions, are for
convenience of reference only and will not
affect the construction or interpretation of
the TOU. Any rule of construction to the
effect that any ambiguity is to be resolved
against the drafting party will not be
applicable in the construction or
interpretation of the TOU.
Complete Agreement and Exclusivity
The TOU, and/or any other specific agreement
for IWP services, constitutes the complete
understanding and agreement between IWP and
its customers. Except when expressly agreed
to the contrary in signed writing by an
authorized representative of IWP, the TOU
supersedes any other written (including
digitized/computerized) agreement, oral
agreement, and/or agreement by conduct. This
TOU, and/or any other specific agreement for
IWP services is between IWP and its
customers only and will not confer any
rights in any third party except as
otherwise expressly provided by IWP.
D.
All IWP Customer Billing
Policy
The following Terms of Use constitute IWP's
Billing Policy and apply to ALL IWP
customers:
Payments
All charges are shown in India Rupees.
Payments are to be made in Indian Rupees.
IWP accepts the following types of payment:
- Check, Credit card (VISA, MasterCard)
All payments are due on the Account
Statement Date. The Account Statement Date
is the monthly anniversary of the date the
account was activated. If you provide IWP
your credit card information, you authorize
IWP to automatically charge your credit or
debit card for charges that apply to your
account. Recurring charges will be posted to
your credit card account until such time
that you cancel your account in accordance
with IWP's Billing Policy in the TOU. You
are responsible for directly updating, or
notifying IWP, of any changes to your credit
card (including, but not limited to card
number, expiration date, billing address, or
card status).
Accounts that are two (2) days past due will
be automatically terminated. For resellers
if you are (3) days past due all your
accounts will be terminated.
Sites terminated for non-payment, may be
required to pay up to an entire year in
advance before being re-restored and/or pay
a Rs.500 re-activation fee, per incident. In
addition, all fees due, must be collected
before re-activation. Accounts that are not
collectable by IWP may be turned over to an
outside collection agency for collection.
Account Renewals
In order to insure uninterrupted service to
your website, all plans will automatically
renew at the end of the plan’s Billing
Cycle. Plan renewal charges are based on the
original plan/package rate on the date of
renewal according to the service selected.
Plans are renewed for the same billing
cycle. If you wish to cancel your plan
before plan renewal, please refer to the
Cancellation section below.
Statements
IWP does not mail paper invoices or
statements. We will notify you 3 days prior
to billing your account, this is a reminder
for your records, once your account is
billed you will get a email notice of
payment from the payment processor.
Fees
Credit Card Chargebacks
A Rs.1000 chargeback fee will be assessed
for each credit card chargeback received by
IWP.
Reactivation
Customers that wish to reactivate a closed
account will be assessed a Rs.500
reactivation fee. A Rs.500 fee will be
assessed if IWP restores your data files to
your reactivated account.
Hosting Plan Changes
Customers electing to change to a lower
priced hosting plan will be charged a Rs.500
downgrade fee. There is no upgrade fee for
upgrading to a higher priced plan, however,
you will be charged any difference between
orginal package plan rate and the new
package plan rate.
Upgrading Hosting Plans & Hosting
Specials
IWP regularly runs specials on hosting and
reseller packages. If you have purchased a
hosting or reseller package from IWP and
within the first 30 calendar day's of that
account IWP offers a special on the same
named package or plan that you have
purchased you can have your features
upgraded or altered to match the features of
the special offer.
If you account is older than 30 calendar
days, you will have to upgrade your
hosting/reseller plan to receive the special
and it's additional features. If a hosting
and/or reseller plan offers a reduced price
anytime after you purchase your account, you
will have to upgrade your current plans to
receive the special offer pricing and
features.
Cancellations
Hosting plans will automatically renew until
a plan is cancelled. In order to cancel
service, you must contact IWP's Billing
Team, at support@iwp.biz. IWP's billing
representatives will assist you with the
cancellation process.
Cancellation requests must be
received by IWP a minimum of thirty (30)
days prior to the end of your Billing Cycle
for dedicated server plans and a minimum of
ten (10) days prior to the end of your
Billing Cycle for all other plans.
Cancellations submitted later than this time
may result in automatic renewal of your
hosting plan. Cancellations become effective
on the day processed by IWP. IWP is unable
to cancel your account effective for a
future date. IWP will confirm the
cancellation request when it is processed.
If you do not receive a confirmation, please
contact IWP as soon as possible.
IWP does not monitor, and will not
automatically cancel, plans for problems
related to domain name transfers, non-usage,
Internic, your ISP, or any other secondary
issues not directly related to IWP's
services. Cancellation of services does not
relieve the customer from paying any
outstanding balance owed on the account. IWP
reserves the right to cancel any account, at
any time, without notice, for any reason IWP
considers appropriate.
Performance and Uptime Guarantee
IWP guarantees that the network will be
available 99% of the time in a given month,
excluding scheduled maintenance and
circumstances beyond our control (i.e. down
routers, faulty hardware, DoS attacks, web
site configuration issues, mis-configured
customer scripts and applications, etc.).
Credit Card Disputes/Chargebacks
IWP has a zero tolerance policy for
chargebacks. Any customer who disputes a
credit card payment is subject to a fine,
suspension and account termination at IWP's
discretion. A charge of Rs.1000 per
chargeback will be assessed to all accounts
that receive a chargeback.
Billing/Price Changes
IWP's policies and prices are subject to
change without notice.
Miscellaneous Provisions
You must provide us with, and keep current,
good contact information for you. Address,
e-mail, fax, and telephone contacts are
used, in that order of preference. In
additional, IWP will not tolerate any verbal
abuse to it's staff and/or customers. If
such situations occur IWP can and will
deactivate your account immediately. |
