License Agreement
(Terms of Agreement, Terms of Service, Acceptable Use Policy)
Updated: September 1, 2010
Terms of Agreement
1. Definitions.
1.1 “Customer” means the persons, entity or agents
and authorized representatives accepting this agreement.
1.2 “Content” means all text, pictures, sound,
graphics, video, links, and other data stored by Customer on iB4e technologies inc’s server computers.
1.3 “Website” means pages presenting the Content stored by Customer on iB4e
technologies inc’s server
computers.
1.4 “User” means users of Customer’s Website.
1.5 “User Content” means all text, pictures, sound, graphics, video, links,
and other data stored by Users on iB4e technologies inc’s server computers.
1.6 “Confidential Information” means information that Customer takes
reasonable steps to maintain in confidence and identifies in writing to iB4e
technologies inc as confidential.
1.7 “Website” means all computer software,
computer source code, Content, and User Content stored on iB4e technologies inc’s server computers.
1.7 “Software” means all computer software and
computer source code stored on iB4e technologies inc’s server computers.
1.8 “Exhibit A” means Package Features as described
in product/service details.
2. Web
Hosting.
2.1 Hosting. iB4e technologies inc will provide
shared server computers, as specified in Exhibit A, with an Internet address
for storage and access of Content, User Content, and the Website. iB4e technologies inc will provide the “server-ready”
Website as specified in Exhibit A. The
Customer will provide the Content, and User Content. iB4e
technologies inc will provide bandwidth and storage as specified in Exhibit A.
If Customer requires additional bandwidth or storage, iB4e technologies inc will negotiate in good faith to amend this Agreement
unless iB4e technologies inc’s server computers
cannot accommodate the requested bandwidth or storage.
2.2 Website Backup. iB4e technologies inc will
backup the Website in a commercially reasonable manner. However, iB4e
technologies inc is not responsible for lost Content
or lost User Content. Website backups will be stored by iB4e technologies inc for no longer than 14 days. iB4e
technologies inc will provide, at Customer’s expense, an electronic copy of the
backup Website to Customer upon written request by Customer. Backups are
intended for disaster recovery, not the restoration of individual files.
2.3 Server Logs. As requested by Customer, iB4e technologies inc will deliver to Customer in electronic form the Server
Log of Website activity. Customer will be entitled to one month of log storage
free of charge. iB4e technologies inc may, at its
option, charge a fee to Customer for additional space required to store
oversized logs.
2.4 Standards. iB4e technologies inc services will
conform to the following:
2.4.1 Availability
of Website. iB4e technologies inc will provide hosting services for the Website
that meet reasonable commercial standards for, among other matters, packet
loss, accessibility, latency, availability, and throughput.
2.4.2 Security.
iB4e technologies inc will take commercially
reasonable steps to prevent unauthorized access to the Website, Content, User
Content, and Confidential Information stored on iB4e technologies inc’s server computers.
2.4.3 Server/Network
Computer Outages. iB4e technologies inc will employ
best efforts in providing advance notice to Customer of scheduled server
computer/network outages.
2.4.4 Disclaimers.
iB4e technologies inc provides no equipment, software,
or communication connections to Customer. iB4e
technologies inc makes no representations, warranties or assurances that the
Customer’s equipment, software, and communication connections will be
compatible with iB4e technologies inc’s hardware and
service.
3. Ownership of Content and
Software.
3.1 All Content and User Content stored by
Customer comprising the Website on iB4e technologies inc server computers shall
at all times remain the property of Customer. Customer grants to iB4e
technologies inc a non-exclusive, worldwide license to
the Content and User Content only to the extent necessary for iB4e technologies
inc to host the Website.
3.2 The Software comprising the Website
stored on iB4e technologies inc server computers shall at all times remain the
property of ib4e technologies inc. ib4e technologies inc grants to Customer
rights to use the Software only on iB4e technologies inc server computers for
the term of the agreement.
4. Content Control.
4.1 Lawful Purpose. Customer
will only use iB4e technologies inc’s software,
hardware and services for lawful purposes and Customer will not store or
provide any Content or User Content or link to any material that violates
foreign, federal, province, state or local law, the Terms of
Service and any modifications thereof, iB4e technologies inc’s posted Acceptable Use Policy or
any other iB4e technologies inc policy.
4.2 Remedy for Violation.
Should iB4e technologies inc become aware that Customer has violated Part 4.1,
iB4e technologies inc may, at its option, remove the Content or User Content in
violation, immediately terminate hosting Customer’s Website under Part 6.3,
and/or notify authorities. If hosting is terminated, iB4e technologies inc may, in its sole discretion, reinstate hosting upon
adequate showing of Customer’s right to use the Content or User Content.
5. Payments.
5.1 Fees. Customer shall pay
fees agreed upon during account signup. iB4e
technologies inc will invoice monthly (unless otherwise agreed in writing), and
payment is due fourteen (14) days from invoicing. In the case of credit card
payments iB4e technologies inc will automatically
charge Customer Credit Card on file all fees associated with the account on the
due date. iB4e technologies inc may, at its option,
charge a 1½ % fee for late payments.
5.2 Cancellation of Prepaid
Accounts: Accounts that are set up and prepaid for any term greater than 3
months cannot be cancelled until the end of the prepaid term. No refund will be
issued for accounts that are cancelled before the end of the prepaid period.
The only exception to this is for accounts that are cancelled under our 30-day
money back guarantee policy.
5.3 Returned Checks and
Declined Credit Cards may incur a fee.
5.4 Account Updates. It is
the responsibility of the customer to maintain accurate billing information
with iB4e technologies inc. This may include updated
credit card information, email address and mailing address.
5.5 Taxes. Customer is
solely liable for any taxes or fees payable for products or services sold by
Customer on the Website.
6. Term and Termination.
6.1 Term. The initial term
is agreed upon during account signup. After the initial term, this Agreement
will automatically renew on a month-to-month basis until terminated.
6.2 Termination by Customer.
During the initial term, Customer may terminate this Agreement upon the
material breach of iB4e technologies inc, if such material breach remains
uncured for thirty (30) days following written notice to iB4e technologies inc.
This cure period shall be extended by delay caused by events beyond the control
of iB4e technologies inc including, but not limited to, natural disasters,
governmental prohibitions or regulations, viruses that did not result from the acts
or omissions of iB4e technologies inc, or technical faults of iB4e technologies
inc’s service providers or vendors. After the initial
term, Customer may terminate this Agreement upon thirty (30) days written
notice to iB4e technologies inc.
6.3 Termination by iB4e
technologies inc. iB4e technologies inc may
immediately terminate this Agreement for cause at any time without penalty.
Causes justifying immediate termination include, but are not limited to:
violation of any foreign, federal, province, state, or local law; non-payment
of fees due under Part 5 of this Agreement; breach of this Agreement; violation
of the Terms of Service; and violation of any other iB4e
technologies inc policy. iB4e
technologies inc may terminate this Agreement without cause at any time upon
thirty (30) days written notice to Customer.
7. DISCLAIMER OF
WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, iB4e technologies inc, AND ITS
OWNERS, EMPLOYEES, AFFILIATES, AGENTS, VENDORS, AND THE LIKE, MAKE NO WARRANTY
IN CONNECTION WITH iB4e technologies inc’S HARDWARE
OR SERVICES, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INGRINGEMENT, MERCHANTABILITY,
AND FITNESS FOR A PARTICULAR PURPOSE.
8. LIMITATION OF LIABILITY.
iB4e technologies inc, ITS OWNERS, EMPLOYEES, AFFILIATES, AGENTS, VENDORS, AND
THE LIKE SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOST BUSINESS, LOST DATA OR
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT
FROM THE USE OR INABILITY TO USE iB4e technologies inc’S
HARDWARE OR SERVICES. CUSTOMER AGREES THAT ITS SOLE AND EXCLUSIVE REMEDY SHALL
BE RETURN OR REDUCTION OF FEES PAYABLE TO iB4e technologies inc.
9. Customer Indemnity.
Customer shall defend iB4e technologies inc against any third party claim,
action, suit or proceeding arising as a result of Customer’s use iB4e
technologies inc hardware or services and indemnify iB4e technologies inc for
all losses, damages, expenses, and costs incurred by iB4e technologies inc as a
result of a final judgment entered against iB4e technologies inc in any such
claim, action, suit or proceeding.
10. General Provisions.
10.1 Governing Law. This
Agreement will be governed and construed in accordance with the laws of the
10.2 Severability and Waiver.
If any provision of this Agreement is held invalid or unenforceable for any
reason, the remaining provisions will continue in full force without being
impaired or invalidated in any way. The waiver by either party of a breach of
any provision of this Agreement will not operate or be interpreted as a waiver
of any other or subsequent breach.
10.3 Relationship of Parties.
No agency, partnership, joint venture, or employment relationship is created by
this Agreement and neither party has the power to bind the other party.
10.4 Attorneys Fees and
Costs. In the event that any legal action becomes necessary to enforce or
interpret the terms of this Agreement, the prevailing party shall be entitled,
in addition to its court costs, to such reasonable attorneys’ fees, expert
witness fees and legal expenses as may be fixed by a court of competent
jurisdiction.
11. Customer Information.
10.1 Contact Information.
Customers are responsible for keeping their contact information current in
their account on our system. iB4e technologies inc is not responsible for
updating this information, nor shall they be held liable if the Customers
account is suspended or terminated because of iB4e technologies inc's inability to contact the Customer due to incorrect
contact information.
1. iB4e
technologies inc software and services may only be used for lawful purposes. Customer will not store
or provide any Content or User Content that: (a) violates any federal,
province, state, or local law, statute, ordinance, or regulation (including,
without limitation, export control, consumer fraud, unfair competition,
antidiscrimination, gambling, or false advertising laws); (b) is defamatory,
trade libelous, unlawfully threatening, or unlawfully harassing; (c) is
obscene, child pornographic, or indecent; (d) violates any third party’s right
of publicity or right of privacy; or (e) contains any IRC application, bots,
egg drops, viruses, trojan horses, worms, time bombs,
cancelbots or other computer programming routines
that are intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal information.
2. Customer will not store
or provide any Content or User Content, practice any software or business
methods, or use a domain name that infringes any party’s Intellectual Property.
“Intellectual Property” means any and all property rights under copyright,
moral right, trademark, patent, trade secret, or right of publicity law, or any
other rights in works of authorship, inventions, designations of source,
persona, or economically valuable information.
3. iB4e
technologies inc exercises no control over the Content, User Content, or other
information passing through iB4e technologies inc.
4. iB4e
technologies inc does not monitor and is not obligated to monitor the Content
and User Content and has not been informed by Customer of the Content, User
Content, or nature of the Content on Customer’s Website.
5. Customer will not use
iB4e technologies inc hardware or service to
misrepresent Customer’s identity.
6. Customer will not
attempt to undermine the security or integrity of, or gain unauthorized access
to, iB4e technologies inc software, hardware,
operating systems or any other computing systems or networks.
7. Customer will not
attempt to use IP Address not directly assigned by iB4e technologies inc staff. Attempting to use unauthorized IP Addresses may
result in IP Conflict. Any server found using IPs,
which was not officially assigned, will be suspended from network access until
such time as the IP address conflict can be corrected.
8. Customer will use iB4e
technologies inc’s software, hardware and services in
accord with iB4e technologies inc’s Acceptable
Use Policy and any modifications thereof will be posted at iB4e
technologies inc’s website at: http://ib4etech.com. Customer’s continued use
of iB4e technologies inc’s
software, hardware and services constitutes Customer’s acceptance of the Acceptable Use Policy and any modifications thereof.
9. If iB4e technologies inc becomes aware of a violation of the Terms of Service,
iB4e technologies inc will investigate and may, in its sole discretion,
terminate Agreement.
10. These Terms of Service
may be modified at any time. Any modifications will be delivered to Customer in
written form or posted at iB4e technologies inc's web site. Customer’s continued use of iB4e
technologies inc’s software,
hardware and services after modification of these Terms of Service constitutes
Customer’s acceptance of the modifications.
11. Customer will require
Users and, if Customer is a reseller, repurchasers to
agree to and abide by these Terms of Service or substantially equivalent terms.
Customer shall not do any of the following, or permit any third
party under its control (including its customers and their authorized users) to
do the following, and must include provisions in its service agreements for its
customers and authorized users that restrict them from doing any of the following:
- restrict or inhibit
any other user from using and enjoying the Service and/or the Internet
- upload, post,
publish, transmit, reproduce, distribute, or participate in the transfer
or sale, or in any way exploit any information, software or other material
obtained through the Internet which is PROTECTED BY COPYRIGHT or other
proprietary rights or derivative works with respect thereto, without
obtaining permission of the copyright owner or right holder
- use the SMTP
services of a third party for the purposes of relaying or sending
electronic mail messages without the express permission of that third
party
- host a
publicly-accessible "open relay" SMTP or anonymous re-mailer
service for any purpose, cause, or reason
- post a commercial
advertisement to any USENET newsgroup, Internet "chat room",
bulletin board, or similar forum, if the target forum is not specifically
chartered for public advertisement by non-private parties of items
"for sale"
- post to any USENET
Newsgroup or other newsgroups, forum, email mailing list or similar group
or list articles which are off-topic according to the charter or other
public statement of the group
- send Unsolicited
Commercial E-mail (UCE, also known as SPAM) to any number of e-mail users
or lists
- maintain, or send
e-mail to, "opt-in targeted marketing lists" if the Customer
cannot demonstrate, to CWH's satisfaction, that
the members of the list(s) have knowingly requested to be added to the
list(s) in question through direct action of their own doing, and that easily-accessible,
automated opt-out/removal mechanisms are in place and available to the
members of the list(s)
- engage in any
activity that is, or appears to be, an attempt to gain unauthorized access
to a remote system or network, or to gain information that could later be
used to assist in gaining unauthorized access to a remote system or
network, such as port scanning, dictionary attacks, Denial of Service
attacks, server/service hijacking, etc.
- engage in any of
the foregoing activities using the service of another provider, but channeling
such activities through a ib4e technologies inc account or re-mailer, or
using an ib4e technologies account as a mail drop for responses to UCE, or
hosting a website that is advertised via UCE that originates from a non-ib4e
technologies inc-connected source, or otherwise requiring return transit
through ib4e technologies inc’s internet
backbone
- falsify or
"spoof" user information provided to ib4e technologies inc or to
other users of the Service, and for handling all complaints and trouble
reports made by its own customers and authorized users
- use
the Service in violation or contravention of the Communications Act of
1934, as amended by the Telecommunications Act of 1996, or any other
applicable law, regulation, order or other governmental directive, or
abuse or fraudulently use the Service in any way not specifically set
forth above.
- clients
are restricted to a private server or dedicated server package for hosting
"adult related" content, including, but not restricted to:
images, text, links. ib4e technologies inc
reserves the right to terminate an account without warning to any site
that ib4e technologies inc determines to be "adult related" and
is not on the required service.
- create
or transmit material that is illegal in
- create
or transmit (other than for properly supervised and lawful research
purposes) any offensive, obscene or indecent images, data or other
material, or any data capable of being resolved into obscene or indecent
images or material.
- create or transmit
material which is designed or likely to cause annoyance, inconvenience or
needless anxiety
- create or transmit
defamatory material
- create or transmit
material such that this infringes the copyright of another person
Further, if customer is notified by iB4e technologies inc, via
e-mail or the Customer discovers on their own or through any other means, that
the Customer themselves or any third party under Customers control of a
violation of this Acceptable Use Policy, the Customer will take whatever steps
are necessary to stop such activity, and prevent repeat violations by the
offending entity.
The customer will respond to all violations reported within 1
(one) business day of the violation being reported, and will have put a stop to
the activity within 2 (two) business days of the violation first being
reported.
iB4e technologies inc reserves the
right to disconnect or terminate Customers accounts, packages, or systems if
the Acceptable Use Policy has been abused. At their discretion, iB4e
technologies inc may resume operation of clients when
the Acceptable Use Policy abuse has been eliminated.
By agreeing to this policy, you also agree that iB4e technologies inc has the right to amend this policy at any time, and that
the amended policy will be binding on you.