If we determine that any site on our servers is using too much of the server's resources and therefore abusing the server, we have the right to suspend that domain without any notice. It is then up to the Client to contact us and formulate a plan to get that domain activated again. We are quick to suspend any domain that abuses the server's resources due to the shared nature of the server and the negative impact an abusing domain has on other domains on the same server.
No mass email marketing or free email businesses allowed!
We do not allow mass email marketing sites on our servers. It doesn't matter if it's opt-in email marketing. We simply do not allow sites of that nature to be hosted in this shared environment. Sites such as "safe lists" and "free email" are also strictly prohibited. We reserve the right to shut down such sites because we consider them harmful to the server's performance.
We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any Client disregarding this policy.
We reserve the right to refuse service to anyone for any reason not prohibited by law. We also reserve the right to terminate service to any Client for any reason not prohibited by law.
IST may increase fees for services by providing notice to Client of such new fees at least ten (10) days prior to the beginning of the next Billing Cycle. If Client does not give written notice of non-renewal, the Client shall be deemed to have accepted the new fee(s) and any subsequent Terms.
It is the sole responsibility of the Client to review all materials before production and to attest to its accuracy. The Client shall make additional payments for, and allow additional time for, changes requested by the Client in the original assignment. However, no additional payments shall be made for changes required to conform to the original assignment description.
Errors incurred by IST will be corrected at no additional charge, but that is the extent of ISTí liability.
IST will not be responsible for incorrectly printed materials or any other loss, damage, or expense of any kind arising out of the use of or inability to use work created by IST.
Client should complete reviewing the site within 60 days after IST's initial delivery. After such period, IST reserves the right to charge for any of Client's change requests. A valid site maintenance service is required to provide extended service and is available upon requests.
Ownership & Usage.
Upon receipt of full payment, the Client is granted usage rights for the Clientís own marketing purposes.
Under no circumstances shall any work created by IST be used for resale, or as part of any item for sale, unless the Client secures such rights with IST.
Furthermore, no changes shall be made to any work created by IST by anyone other than IST unless specific rights which allow for such changes have been negotiated.
IST reserves the right to take legal action against any usage or alterations which may be considered damaging to the reputation of IST.
IST reserves any and all rights not expressly transferred.
IST reserves the right to reproduce and use any work created by IST for itís own promotional purposes.
In the event that third-party designs, artwork, photos, text, talent, property, or other protected materials are utilized for any assignment engaged in by the Client and IST, proper release of usage and/or ownership rights will be obtained by IST from the legal owner of such rights.
The Client shall indemnify IST against all claims and expenses, including reasonable attorneyís fees, due to uses of any materials for which no release was requested or for uses which exceed authority granted by a release. IST will not accept responsibility for copyright infringements resulting from the use of materials provided by the Client, and IST reserves the right to refuse any job it believes would violate copyright law or any other legal or ethical standards.
Conflict Of Interest.
IST retains the right to engage in assignments for any company before, during, or after the term of any assignment, regardless of whether such company is a competitor of the Client or not. However, IST shall not engage in any assignment involving a campaign which is in direct immediate competition with the current Client assignment. Additionally, IST shall not simultaneously work for companies who are directly competitive with the Client if IST is working under an exclusive Agency Of Record agreement with the Client.
The Client shall expect that any information or material provided to IST will be treated confidentially, and that all reasonable efforts will be taken to safeguard it. IST shall not disclose or use for its or anyone elseís benefit any confidential information, including without limitation, proprietary technologies, information, customers lists, marketing plans or trade secrets. IST will willingly provide a signed non-disclosure agreement upon request by Client.
Changes To Services.
Upgrades and other changes in IST services including, but not limited to changes in itís technologies and third-party vendors are sometimes required to maintain efficient operations. IST reserves the right to change or modify services in itís commercially reasonable discretion and shall not be liable for any resulting harm to Client or cause of Clientís inability to continue use of ISTí services.
IST shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond ISTí 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.
Client agrees to indemnify and hold harmless IST, itís 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 Clientís services in violation of applicable law by the Client or any person using Clientís account, regardless of whether such person has been authorized to use such services by the Client.
Expiration Or Termination.
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. Client may not transfer the Agreement without IST prior written consent. ISTí approval for assignment is contingent on the assignee meeting ISTí credit approval criteria. IST may assign the Agreement in whole or in part.
If an account is cancelled due to client request or billing issues and the client desires to reactivate the account, a new sign up form needs to be filled out at our sign up form.
If an account was cancelled due to policy violation, we will not reactivate the account.
IST has a 30-day money back guarantee for hosting in all but a few situations.
If we terminate an account due to policy violation, there will be no refund.
Monthly fees associated with additional features are non-refundable.
Termination by Customer.