This Terms of Service ("Agreement") is between you (“The Client”), the person or entity requesting service and IT Solidity Inc., and is effective when accepted by IT Solidity Inc. at its offices in Modesto, California, (the "Effective Date"). IT Solidity Inc, may elect to accept or reject your offer to enter into this Agreement for any reason at its sole discretion. By using our services, you agree to these terms. Please read them carefully.
1.) Account Setup
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under.
All services provided by us may only be used for lawful purposes. Unlawful or unacceptable purposes include, but are not limited to: copyrighted material, material we judge to be threatening or obscene, and pornography.
Other Examples of unacceptable material:
Hack programs and archives
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt in" will be treated as spam. Any user who sends out spam will have their account terminated without notice. We reserve the right to require changes or disable, as necessary, any web site, account, database, or other component that does not comply with this policy, at its sole discretion. We also reserve the right to make any such modifications in an emergency at our sole discretion. We reserve the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee. The cost of the cleanup fee is left entirely to the discretion of IT Solidity Inc.
4.) Payment Information
You agree to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided. You agree that until and unless you notify IT Solidity Inc. of your desire to cancel any or all services received, those services will be billed on a recurring basis. We reserve the right to change the monthly payment amount and any other charges at any time.
5.) Backups and Data Loss
Your use of the service is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers.
6.) Cancellation and Refunds
We reserve the right to cancel the account at any time. Clients may cancel at any time. We give you an unconditional 30 day money back guarantee on managed shared hosting, and reseller solutions. Refund requests after 30 days will be refunded on a prorated basis of any unused time. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund.
7.) Resource Usage
Users may not initiate the following:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any gaming servers such as counter-strike, Minecraft, battlefield1492, etc.
8.) 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 we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
9.) Money back Guarantee
On dedicated servers, and co-location no full refund will be honored, the 30 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.
10.) Price Change
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on our site, and the right to increase the amount of resources given to plans at any time.
Client agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, its agents, its clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless any liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with us; (2) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from IT Solidity’s server.
We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaim any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by us and our employees.
13.) Changes to the Terms of Service
We reserve the right to revise its policies at any time without notice.