HOSTING TERMS OF SERVICE
Invisible Gold, LLC. reserves the right to suspend or cancel a client's access to any or all services should we decide, in our own estimation, that an account has been inappropriately used. This applies to all accounts held by a client in the event that one account is used inappropriately.
The Term of this Hosting Agreement shall be one year, at which point the Agreement shall automatically renew for additional one year "Renewal" Terms unless earlier terminated.
Invisible Gold, LLC. agrees to provide hosting and only hosting of the Client's Website on the World Wide Web portion of the Internet. Any additional services shall be agreed upon separately. The Website shall be accessible via the World Wide Web at all times except for scheduled maintenance and required repairs, and except for any loss or interruption of Hosting Services due to causes beyond the control of Invisible Gold, LLC. or which are not reasonable foreseeable by Invisible Gold, LLC. including, but not limited to, interruption or failure of telecommunication or digital transmission links and Internet slow-downs or failures. In the event that the Website requires additional storage and transfer the Client may request to upgrade the level of Hosting Services or acquire additional incremental storage at which time, pending Invisible Gold's approval, a procedure and budget for complying with such request will be arranged.
Fees and Payment Policies
Fees and payment schedules must be agreed upon by Invisible Gold, LLC. and the Client. If, for any reason, a payment is 30 or more days late, Invisible Gold, LLC. retains the right to suspend service.
Any attempt to cause harm to a server or client of Invisible Gold, LLC. or to access files and services for which you are not specifically authorized is strictly prohibited. Any use or attempted use of an Internet account or computer without the owner's authorization is prohibited and may result in prosecution under the full extent of the law and may include, but is not limited to: warnings, account suspension or cancellation, and civil or criminal legal action. Invisible Gold, LLC. reserves the right to discontinue service or deny access to anyone who violates our terms and conditions and further reserves the right to do so WITHOUT WARNING. If an account is terminated for violation of our terms of service no refunds will be made for any fees paid, including set-up fees and payments in advance for any period of time.
Authorized Use of Servers
Web Hosting servers are for web hosting only. Any use of the servers for bulk emailing, unsolicited emailings, newsgroup spamming, illegal content, copyright or trademark infringement, software serial numbers, or links to any of the above services, including through third-parties, is strictly prohibited. Use of the servers for running game or IRC servers or bots is prohibited. Sites containing "hate" content, content promoting physical harm to any individual or group, content that exploits individuals under the age of 18 years is likewise prohibited. Content and use of the Website are the client's responsibility and will not violate any law or regulation of any government or regulatory/administrative agency. Invisible Gold, LLC. reserves the right to Immediately Terminate services if content is found to be illegal, harassing, pornographic or otherwise inappropriate.
Spam & Other Unsolicited Email
Sending spam and other unsolicited email is strictly prohibited. This includes, but is not limited to, any email which solicits the recipient to visit your site or purchase a product. You may not use an outside, third-party mailer to send spam for your site hosted on our servers or network (spam-vertising), even if they or you do not send the spam through our network.
You may further not post advertisements to non-advertising newsgroups or other public forums with any posting referencing your site on our servers in any way, including using your email address hosted with us.
You may not use your account with us to harass any individual in any way. A single message sent after an individual has requested that you cease contact may be considered harassment.
Invisible Gold, LLC. Policies and Procedures
The Policies and Procedures found at Invisiblegold.com are not legally binding. It is a guide to Invisible Gold's normal practices and procedures and how clients are most commonly served. However, every client is unique and Invisible Gold, LLC. reserves the right to determine what procedure best serves each individual customer's needs.
Reasonable technical support will be provided at no cost during Invisible Gold's regular business hours by incoming phone call, email, or the use of our online help desk. Free technical support does not include programming assistance, HTML assistance, web design assistance, assistance in using your personal computer, or any assistance with services not provided by Invisible Gold, LLC. or specifically excluded in this document or elsewhere in Invisible Gold, LLC. publications. Invisible Gold, LLC. reserves the right to define a level of technical support as unreasonable and to enforce limits. Clients may opt to purchase additional technical support, if available, including but not limited to the services listed on our website at the then-current rates, available from our sales staff.
Technical support will not be provided to anyone but the account holder. Technical support will not be provided to resellers' customers unless a specific technical support contract has been purchased for that purpose.
Accounts are considered active, whether in use or not, until the client notifies Invisible Gold, LLC. in writing and receives confirmation of receipt of cancellation. Notice of cancellation by e-mail must be sent from Client's contact e-mail address, which was provided at the inception of this Agreement. If that e-mail address is no longer available, the Client must provide identification via the original account password provided by Host.
Account Contact Information
The client is responsible for keeping Invisible Gold, LLC. informed of any changes to their name, mailing address, phone number, or email address.
Electronic Commerce and eCommerce Security
The client is responsible for the security of any of your customers' credit card numbers or other vital and/or sensitive information which they may have access to as a result of conducting electronic commerce on our servers and/or network. The client is responsible for ensuring that all products offered on your website are offered in compliance with all relevant local laws and for calculating and collecting any relevant sales tax.
Domain Name Registration
The client is not guaranteed to be the Administrative contact, the Technical contact or the Registrant of the domain name. If the client is the Registrar, Invisible Gold, LLC. is not responsible for any delays or difficulty that this can sometimes cause.
Refusal of Service
Invisible Gold, LLC. reserves the right to refuse service to anyone.
Venue and Dispute Resolution
For the purposes of venue the client agrees that any disputes will be resolved according to the laws of Hartford County, Connecticut USA. Clients further waive all objections to venue and acknowledge that venue in any litigation will be held in Hartford County courts. Any disputes will be submitted to binding Arbitration, WAIVING ANY RIGHT TO A JURY TRIAL.
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD INVISIBLE GOLD, LLC. HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST INVISIBLE GOLD, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, ITS AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS INVISIBLE GOLD, LLC. AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH INVISIBLE GOLD'S SERVERS OR NETWORK; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM INVISIBLE GOLD'S SERVERS OR NETWORK.
Disclaimer and Limitation of Liability
INVISIBLE GOLD, LLC. SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF THE WEBSITE OR CLIENT'S DATA FILES, PROGRAMS OR INFORMATION THROUGH ANY MEANS. THE CLIENT AGREES THAT ALL USE OF HOSTING SERVICES PROVIDED BY INVISIBLE GOLD, LLC. IS SOLELY AT CLIENT'S RISK AND THAT SUCH SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. INVISIBLE GOLD, LLC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. INVISIBLE GOLD, LLC. IS NOT RESPONSIBLE FOR ANY DAMAGES ARISING FROM YOUR USE OF ANY SERVICES PROVIDED BY INVISIBLE GOLD, LLC. OR YOUR INABILITY TO USE ANY SERVICES FOR ANY REASON. THIS INCLUDES LOSS OF DATA OR INCOME RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL DISRUPTION OF SERVICES CAUSED BY INVISIBLE GOLD, LLC. AND ITS EMPLOYEES. INVISIBLE GOLD, LLC. SHALL HAVE NO LIABILITY WITH RESPECT TO IT'S OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF INVISIBLE GOLD, LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL INVISIBLE GOLD'S MAXIMUM LIABILITY EXCEED $300 OR THE AMOUNT ACTUALLY PAID TO INVISIBLE GOLD, LLC. BY THE CLIENT, WHICHEVER AMOUNT IS LOWER. INVISIBLE GOLD, LLC. RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
Invisible Gold, LLC. reserves the right to make changes to this policy. Any such changes will become effective 30 days after notice of said changes is posted on our website, sent out via email, or sent out via postal mail, at our discretion.