Terms of Service
Terms,
Conditions and Use Policy
Applicable to the provision of Internet services by
IRANET.COM
1.
Services Provided
IRANET.COM provides Web Hosting which entails the rental of space to its
customers on its servers allowing them to store data files etc. to provide
tools to maintain their site and email accounts.
2.
Use of Services
The services provided by IRANET.COM shall not be used in any manner or
form by any of its customers nor shall they allow or cause third parties
to use those services for any unlawful illegal or immoral purpose such
as the infringement of copyright laws or the violation of any other Federal
state or city law fraud money laundering drug dealing or trafficking prostitution
pornography and other obscene material threatening causing or allowing
violence bodily harm or damage to others or their property nor shall any
customer use allow cause others to use the services in breach or in contravention
of any of the generally accepted rules regulations conventions regarding
the use of the Internet or world wide web nor to carry out, encourage
or in any ways be involved in or permit email spamming, mail bombing,
spoofing, trolling, hacking, subscribing some third party to a mailing
list without that persons permission, newsgroup flooding, posting information
that is defamatory or infringes or violates anthers' rights, promoting
and/or distributing viruses, ping floods, spawning unnecessary unwarranted
processes, posting adverts on any chat room actual or likely abuse misuse
or overuse of any of the system resources. In the event that any customer
engages in or permits knowingly or otherwise spamming, hacking, use of
warez IRANET.COM reserves to itself the right without prior notice to
the customer to impose a penalty of US$500 on the offending customer whose
account will be forthwith terminated. No leniency will be shown by IRANET.COM
in respect of the above.
Each
customer accepts and agrees that the list above is not exhaustive that
IRANET.COM is the final and sole arbiter of what constitutes a breach
or violation of any of its services and that each customer indemnifies
and holds harmless IRANET.COM its employees servants agents and the like
from any and all costs claims expenses damages lawsuits which may arise
or be suffered by anyone from the provision of services by IRANET.COM
used by the customer.
The
customer acknowledges and agrees that there are limitations to the hardware/systems
of IRANET.COM and accordingly if any customer uses more than 10% of the
system resources or if 30% or more of its sites monthly traffic is from
file downloads or if any such customer for whatever reason such as archival
storage of data and CGI scripts causes the hardware/system of IRANET.COM
to perform slowly poorly or experience other problems IRANET.COM reserves
to itself the right in its sole discretion to take whatever steps are
necessary to ensure that the system operates at an efficient level and
that the other customers of IRANET.COM receive a reliable and stable service
and are not adversely affected by a particular customer.
3.
Termination of use of services
In the event that the customer
(a) is in the sole judgment of IRANET.COM in breach of these terms and
conditions
(b) fails, refuses or neglects to make payment on due date to IRANET.COM
for any charges due by the customer to IRANET.COM
(c) has bankruptcy or insolvency proceedings instituted against it files
or petitions for insolvency or bankruptcy or assigns all or any part of
its assets to or for the benefit of its creditors then on the happening
or occurrence of any or all the above events IRANET.COM may at its discretion
forthwith and without prior notice to the customer terminate the customers
account and thereupon all content and files in the account shall be deleted
without liability for compensation refund of the agreed package/account
monthly payment or otherwise for any loss damages which the customer may
as a result of such termination suffer. IRANET.COM shall be fully entitled
to recover all money owing to it from the customer as at the date of termination
notwithstanding termination due as a result of any of the above causes.
Non-enforcement by way of termination of any breach or violation shall
not constitute acceptance or consent by IRANET.COM to such breach or violation.
4.
Disclaimer
Not withstanding the generality of the foregoing or anything else herein
contained IRANET.COM makes no warranties whatsoever express or implied
concerning the provision of its services and this includes warranties
of merchandability or fitness for a particular purpose. IRANET.COM cannot
and does not warrant or guarantee that it will provide a continuous service
or that the service will not be disrupted or that there will be no interruption
or delay or that its service will be provided at a or any particular time
Consequently IRANET.COM expressly disclaims all and any liability or responsibility
in respect of claims for loss of data, damages of any kind (including
direct incidental consequential or special) suffered by or made against
the customer arising out of the use or non-provision of services whether
or not IRANET.COM is or was at fault or negligent.
5.
30 Day Money-Back Guarantee & Payment
The customer shall be entitled for a period of 30 days from the date its
account is setup, i.e.. once the customer has been sent an e-mail confirming
the account has been setup on IRANET.COM'S servers to a full refund of
any money paid for hosting services to IRANET.COM or its agents provided
a written notification from the customer canceling the account and requesting
a refund has been received by IRANET.COM during such period. The customer
is expected to inform IRANET.COM on what base they decided to discontinue
using our services. The provision of 30 day money back guarantee in no
way entitles the customer to 30 days free service. Any notification received
outside the 30 day time period will not under any circumstances qualify
for a refund. If therefore notice is not received within the 30 day period
it shall be presumed that the customer has accepted these terms and conditions
in full and is satisfied with the service provided. Where applicable setup
fees will not be refunded. The first payment due by the customer shall
be on the date the customer completes an order form and submits it to
IRANET.COM. All payments shall be in advance for such sum or sums and
on a recurring monthly basis in accordance with the package or packages
taken/ordered by the customer. In the event that additional services outside
the ambit of the agreed package/s are used by the customer payment for
such services shall be on the same basis. Where an order for an hosting
package is placed during the course of a month the appropriate fee may
be apportioned for that particular month but there will be no apportionment
for or in respect of any other orders. Where an account is terminated
or canceled for any reason whatsoever by either the customer or IRANET.COM
before a month end the customer shall not be entitled to any refund.
Fees
paid to activate or register a Domain name are not subject to the 30 day
money back guarantee and are nonrefundable. If IRANET.COM is forced by
any party, either temporarily or permanently to refund any moneys for
any service including but not limited to domain registration or hosting,
IRANET.COM reserves the right to take ownership of any domain name(s)
or hosting space or any other service or property previously considered
purchased, leased or rented. IRANET.COM reserves the right to continue
ownership of any seized domain name(s) as a result of being forced by
any party, either temporarily or permanently to refund any moneys, whether
the outcome of such a refund is in IRANET.COM'S favor.
6.
General
(a) The customer agrees to use its best endeavors to protect its password
and username and not to divulge or disclose to third parties or make use
of for its own purpose or advantage any information of whatsoever kind
obtained through the use of the services provided by IRANET.COM which
information is confidential to IRANET.COM or its other customers and for
which no permission for such use has been given.
(b) The customer agrees in using the services provided by IRANET.COM to
use in a diligent and proper manner its own computer hardware and software
so that no harm or damage will be caused to any computer component system
resource or customer of IRANET.COM
(c) In using the services of IRANET.COM , no consumer agreement partnership
joint venture or the like is made or arises between the customer and IRANET.COM
nor has the customer authority implied or expressed to represent or contract
on behalf of IRANET.COM. The customer fully agrees that the laws of the
State of New Jersey where IRANET.COM's servers are located shall apply
in connection with any legal proceedings arising out of these terms and
conditions which may be instituted by or against IRANET.COM
(d) IRANET.COM reserves to itself the right at its discretion to amend
or alter these terms and conditions without prior notice to its customers
and to determine what is or constitutes a violation of these terms and
conditions
(e) All hardware and software resources including IP addresses copyright
technology design and implementation in providing services to the customer
shall remain the property of IRANET.COM who reserves the right at its
discretion to amend alter substitute replace at any time without notice
to its customers.
7.
Domain Names
IRANET.COM will submit the Customer's information and required domain
name or names as provided in the order form for registration as soon as
possible after receipt but IRANET.COM does not and cannot guarantee that
a particular application or order for a domain name will be accepted or
approved by NETSOL or the ICANN accredited registrar to whom IRANET.COM
transmits the information and details for processing. All relevant terms
and conditions of the registrar for accepting or approving a domain name
registration will be binding on the Customer who agrees and acknowledges
that in addition to the disclaimer described in clause 4 above IRANET.COM
will not be liable for any loss of or use of the Customer's domain name
or for interruption of business or damages of any kind including direct
incidental consequential special or loss of profits regardless of the
form of action whether in contract tort (including negligence) or otherwise.
Furthermore the Customer agrees that registration of a domain name does
not preclude a third party from objecting to the Customer's use or registration
of that name and in the event of a dispute with any third party the Customer
agrees to indemnify and hold harmless IRANET.COM.
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