Acceptable Use Policy (AUP)
InterSurge Internet provides web hosting to many clients, and we have a responsibility to protect each client and to provide the best services available. The following guidelines were established to ensure these obligations are met.
CONTENT:
All services provided by InterSurge Internet may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless InterSurge Internet and its employees from any claims resulting from the use of the service which damages the subscriber or any other party.
Pornography and sex-related merchandising is prohibited on all InterSurge Internet servers. This includes sites that may infer sexual content, or links to adult content elsewhere. InterSurge Internet will be the sole arbiter in determining violations of this provision.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to InterSurge Internet servers or any other server on the internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
- Pirated software
- Hacker programs or archives
- Warez sites
InterSurge Internet will be the sole arbiter as to what constitutes a violation of this provision.
We also do not permit any of the following:
- Sites offering download files:
This is any site where 20% or more of their monthly traffic is from file downloads.
- Sites using more than 20% of system resources:
InterSurge Internet will be the sole arbiter as to what constitutes a violation of this provision.
Commercial Advertising - Email:
Spamming, or the sending of unsolicited email, from an InterSurge server or using an email address or domain that is maintained on an InterSurge Internet machine as a reference is STRICTLY prohibited. Accounts in violation of our spamming policy WILL BE DELETED WITHOUT NOTICE. InterSurge Internet will be the sole arbiter as to what constitutes a violation of this provision.
Chat Rooms:
We usually do not allow clients to install their own chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option. CGI Chat rooms are absolutely prohibited in all situations. Should you require a chat room, it must be in the JAVA language, and it must be approved by InterSurge Internet.
Background Running Programs:
We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
IRC:
We currently do not allow IRC or IRC bots to be operated on our servers.
Server Abuse:
Any attempt to undermine or cause harm to a server, or customer, of InterSurge Internet is strictly prohibited.
Refusal of Service:
We reserve the right to refuse, cancel, or suspend service at our sole discretion.
LIMITATION OF LIABILITY:
InterSurge Internet shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from InterSurge Internet servers going off-line or being unavailable for any reason whatsoever. Furthermore, InterSurge Internet shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of InterSurge Internet servers. All damages shall be limited to the immediate termination of service.
Violations of these Acceptable Uses Policies should be referred to abuse@intersurge.com.
All complaints will be investigated promptly.
Failure to follow any term or condition will be grounds for immediate account deactivation.
Money Back Guarantee:
InterSurge is pleased to offer a complete 30 day satisfaction guarantee on all virtual hosting plans. If you are not satisfied after evaluating the InterSurge service, simply fill out our cancellation form within the first 30 days for a complete refund, less any setup fees. No questions asked. We do not collect, and therefore do not refund InterNIC registration fees.
This guarantee is void if your account violates our acceptable use policy.
Past-Due Policy
Customers should make every attempt to send payment within 30 days of the date they receive an invoice. If a customer with no credit history or a negative credit history at InterSurge has a balance on his or her account that is past due, we reserve the right to adhere to the following policy:
7 days past due- Account suspended
14 days past due- Account deleted
Customers with a good payment history at InterSurge may be given additional leeway, but we reserve the right to suspend or delete any account more than 30 days past-due.
In the event of account deletion, any previous balance would still be due on your account. Should collection activities become necessary, customer will be responsible for paying all fees associated with said activity.
All cancellations must be made via the cancellation page. Because of our 30 day money back guarantee, cancellations made within the first 30 days are eligible for a refund.
You can cancel at any time, without notice. Any fees paid to that point, however, are non-refundable. If you cancel beyond the 30-day guarantee, or have your account deactivated as a result of an AUP violation, any balance on the account will become due at time of cancellation.
Uptime Guarantee
We understand that your web site being down costs you time, money, and anxiety. As a result, we have placed our servers on an extremely reliable network. If our network is down more than 0.1% of any given month, 25% of your monthly price will be credited to your account. An additional 25% will be credited for each additional 1% of downtime, up to your full monthly price. To receive your credit, simply email support. Credits will not be given for user errors, (IE: Changing the DNS entries at Internic, Accidentally deleting your index.html page, ISP problems, national fiber line cuts, etc.) or planned downtime where customers are given advanced notice. We will not be liable for any time that a user requests us to work on their site, IE: changing an IP address, reinstalling FP extensions, moving client to a different server, etc. We will also not be liable for time where a user's site is suspended for non-payment. InterSurge Internet can not be liable for any lost revenues during your down time.
Support Response Guarantee
If customer does not receive a human generated response from technical support within 24 hours, customer should follow our escalation procedure and a 10% credit will be issued to his or her account for each additional day. Note that support response guarantee applies only to our support ticket system. Guarantee does not apply to other contact methods (e.g. forums, instant messaging software, etc.)
DISCLAIMER:
InterSurge Internet cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by InterSurge Internet are resold. Thus, certain equipment, routing, software, and programming used by InterSurge Internet may not be directly owned or written by InterSurge Internet. Moreover, InterSurge Internet holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as InterSurge Internet sees fit.
ACCOUNT ACTIVATION:
By activating your account with InterSurge Internet, you agree to the above policies and disclaimer. Upon requesting an account activation, you are required to accept these policies, guidelines, and disclaimer and a copy of your acceptance is forwarded along with your activation request to be maintained within your account information.
NOTICE: If you sign up for an account and do not follow our terms. No refunds will be given. We will however let you know by email or phone before any action is taken you will have a chance to solve the matter.
FURTHERMORE, InterSurge Internet retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.
The agreement constitutes the entire agreement between the parties hereto. The terms and conditions of this agreement shall be interpreted and enforced pursuant to the laws of the State of Kentucky.
