Terms of Service
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The use of services from Ideamesh, Inc. [hereafter referred to as "Ideamesh"] constitutes agreement to these terms. You may view our Privacy Policy here.
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. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please submit a ticket to the support department with specific details to receive a price quote.
All services provided by Ideamesh may only be used for lawful purposes. The laws of the State of Pennsylvania, the State of Florida, the State of Texas, and the United States of America apply.
The customer agrees to indemnify and hold harmless Ideamesh from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email support@ideamesh.com with the information required. If the request is of a licensing issue, we may require further documentation.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
Examples of unacceptable material on all servers include:Ideamesh services, including all related equipment, networks and network devices are provided only for authorized customer use. Ideamesh systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Ideamesh system(s) constitutes consent to monitoring for these purposes.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.
If in doubt regarding the acceptability of your site or service, please contact us at support@ideamesh.com and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Please read http://ideamesh.com/mailpolicy.php for our generalized mail policy.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
Ideamesh reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
Ideamesh reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Ideamesh.
You agree to supply appropriate payment for the services received from Ideamesh, in advance of the time period during which such services are provided. You agree that until and unless you notify Ideamesh of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Cancellations must be done in writing via the cancellation form provided. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic "Your request has been received..." email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.
As a client of Ideamesh, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Ideamesh provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 45 days and not paid will result in a 1% late fee and/or an account suspension until account balance has been paid in full.
Please note that we are not responsible for lost mail and it is your responsibility to get insurance and delivery notification.
Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact sales@ideamesh.com
Ideamesh reserves the right to change the monthly payment amount and any other charges at anytime.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
Customers may cancel at any time via a cancellation form. Ideamesh gives you an unconditional 30 day money back guarantee on managed shared hosting solutions for any customer who paid the first invoice with a credit card or with Paypal.
The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:
There are no refunds on domain name purchases, SSL certificates, web development, bundled scripts, administrative fees, install fees for custom software, or dedicated servers
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
Violations of the Terms of Service automatically disqualify you from the refund policy.
User may not:
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 stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or
store them on our shared servers.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use
include("include.php")
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.
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.
If your shared server has less than 99.9% uptime during a given month, you may receive a prorated credit in relation to the total amount of downtime towards your account. Approval of the credit is at the discretion of Ideamesh dependant upon justification provided. This guarantee only covers actual physical downtime on our servers. Programming/scripting errors are not covered under this guarantee. Third party monitoring service reports may not be used for justification due to a variety of factors including the third party monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please submit a support ticket with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.
Shared accounts may not resell any portion of their web hosting, if you wish to resell hosting you must purchase a dedicated server account. Semi-dedicated servers are not backed up. Backups are created on a weekly basis and only the most recent backup is maintained. Backups can be retrieved for a $20 fee and a request must be submitted to support@ideamesh.com. The tools neccessary to maintain your own backups are provided in your control panel, and it is highly recommended that you maintain a backup of your site on your own computer or another physical location.
Ideamesh reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. Ideamesh reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the most simple solution. Please contact sales@ideamesh.com if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.
You are responsible for paying all fees associated with Domain Name Registration. When renewal fees are due, it will be your sole responsibility to ensure that such fees are paid on time to us. Failure to make full and timely payment at the time of your Registration/Renewal may result in cancellation of your Domain Name.
In the event of a charge back by a credit card company (or similar action by another payment provider approved by us), in connection with the payment of your Registration fee, you agree that the Registration will be transferred to us as the paying entity for that Registration to the Registry. You also agree that we reserve all rights regarding such Domains including, without limitation, the right to make the Domains available to other parties for purchase. We may reinstate your Registration at our sole discretion and, subject to receipt of the initial Registration/Renewal fee plus a reinstatement fee of $50.
While we always take extreme care in processing your orders, you agree that we are not liable or responsible in any way for any errors, omissions, or any actions by our parent Registrar or the Registry arising out of or related to your Application and receipt of, or failure to receive, a Registration. At our sole discretion, we may refund all or part of the Registration fee if an application was not successfully submitted by us to the Registry, however we will first attempt to resubmit the application before any refund will be considered.
You agree that your application for Domain Name Registation may not be canceled at any time after your payment has been received.
You understand and acknowledge that the Registrant, whose name is on record, will have sole legal ownership of the Domain. It is your sole responsibility, and not that of our company in any way, to ensure that the proper Registrant name is recorded and updated at all times.
When you elect to use Domain Privacy you are still required to record the legal owner's name of the Domain Name to determine ownership. Our domain privacy (Private Whois) public whois clearly states "PLEASE DO NOT SEND LETTERS - Contact the owner by email only" and as such we will discard or reject all letters we may receive addressed to you. If you do not agree and/or if you wish to receive letters, DO NOT use our Private Whois service.
For some TLD such as .eu, .fr and .uk the corresponding Registry forbids Domain Privacy (Private Whois) provided by a third party, however the corresponding Registry offers in general equivalent and/or similar privacy services you can configure either from our interface and/or from the Registry's interface. It is your responsibility to refer to each Registry's policy before you subscribe to our service(s) to make sure they match your needs and expectations.
The amount you owe for our various products will not change during the term you chose when you paid. We reserve the right to change prices listed on ideamesh.com and any new terms will be subject to those price changes. We reserve the right to increase the amount of resources given to plans at any time.
Customer agrees that it shall defend, indemnify, save and hold Ideamesh harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Ideamesh, 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 Ideamesh against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Ideamesh; (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 customers from Ideamesh's server.
By using any Ideamesh services, you agree to submit to binding arbitration. If any disputes or claims arise against Ideamesh or its subsidiaries, such disputes will be handled by an arbitrator of Ideamesh's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Pennslyvania. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.
Ideamesh shall not be responsible for any damages your business may suffer. Ideamesh makes no warranties of any kind, expressed or implied for services we provide. Ideamesh disclaims 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 Ideamesh and its employees.
Ideamesh may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
Ideamesh reserves the right to revise its policies at any time without notice.
Current as of March 10, 2010
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