Terms Of Service

iHost Networks Terms of Use

iHost Networks is a wholly-owned brand of Fast Data Corporation located in Corona, California, USA. Fast Data Corporation (the Company) is committed to providing the finest in web site hosting, domain registration, email, web site publishing tools and eCommerce service.(collectively, “Services”) By opening an account with one of our Services, you (Customer) agree to the Terms of Use outlined in this document. In addition to General Terms of Use, customers of our Domain Name Registration and eCommerce Services must agree to rules related to these Services. These rules can be found in Sections 2 and 3 respectively.

  1. General Terms of Use and Policies
    1. Our goal is to be unbiased in providing hosting Services for the Internet; however, the Company reserves the right to cancel or interrupt any client’s access to our Services if we believe those Services are being used illegally or are being abused. People who abuse or violate these policies create increased consumption of the Company’s internet resources and thereby drive up costs for others. Customer is solely and fully responsible for any content in the space provided for your web page and for the e-mail you produce. For these reasons, you violate the Company’s policy and the Service agreement when you, your customers, affiliates, or subsidiaries engage in the following prohibited activities:
      1. Intellectual Property Violations. Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations or other entities. Also, engaging in activity that violates privacy, publicity, or personal rights of others. The Company is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. The Company may also terminate the privileges of customers who commit repeat violations of copyright laws.
      2. Forging of Headers. Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message is not allowed and will result in termination of Services. Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
      3. Other Illegal Activities. Engaging in activities that are determined to be illegal, including advertising transmitting, or otherwise making available ponzi schemes, child pornography or other activities harmful to children, pyramid schemes, fraudulently charging credit cards and pirating software.
      4. Spam. As a commercial provider of web site hosting, the Company believes that everybody in the Internet community should do their part to eradicate the sending of undesirable or unsolicited e-mail messages (commonly referred to as “Spam”). Our particular interest focuses on messages sent to, or from, the individuals and companies with web sites on the Company’s servers. Posting to Usenet news groups, especially in unrelated subject groups, in bulk form is also considered “Spam” and is subject to the same rules governing unsolicited e-mail messages. The Company does not and will not condone the sending of “Spam” using or referencing any of the Company resources. Any the Company’s customers in violation of this policy may have their site closed immediately without warning. Any parties with knowledge of unsolicited e-mail messages being either being sent to, or originating from any the Company’s customers should contact the Company. The Company may also suspend or close a customer account receiving excessive inbound “Spam”, whether or not the customer was responsible for the inbound “Spam”. Large amounts of inbound “Spam” can adversely affect the reliability of the services for other customers on that server. To protect our overall level of reliability, excessive inbound “Spam” will not be tolerated.
      5. Use of Instant Publisher.As a subscriber to our Services, you are permitted to use a single instance of the iHost Networks Instant Publisher to facilitate managing your account and uploading to our servers. Copying or redistribution of the iHost Networks Instant Publisher is not permitted under this agreement.
      6. Other Activities. Engaging in activities, whether lawful or unlawful, that the Company determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.
      7. Modification of these terms of use and notices. The Company reserves the right to change the Terms of Use and Notices, and any Additional Terms at anytime. Customer is responsible for regularly reviewing these terms and conditions. Continued use of your the Company Website constitutes your consent of such changes.
    2. Customer agrees to and understands the following:
      1. Disclaimer of Warranty. THE COMPANY SERVICES ARE SOLD “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED.
      2. Limitation of Liability. IN NO EVENT WILL THE COMPANY’S LIABILITY IN CONNECTION WITH THE SERVICES, ANY SOFTWARE PROVIDED HEREUNDER OR ANY ORDER, WHETHER CAUSED BY FAILURE TO DELIVER, NON-PERFORMANCE, DEFECTS, BREACH OF WARRANTY OR OTHERWISE, EXCEED THE AGGREGATE SERVICE FEES PAID TO THE COMPANY BY CUSTOMER DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. THE COMPANY CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. THE COMPANY WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM. EXCEPT AS EXPRESSLY PROVIDED BELOW, NEITHER PARTY SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF ANY ORDER, OR FOR ANY CLAIM AGAINST THE OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.
      3. Indemnification of the Company. Customer shall defend, indemnify and hold harmless the Company, its affiliates and their respective present, former and future officers, directors, employees and agents, and their respective heirs, legal representatives, successors and assigns (together the “Indemnities”), from and against any and all losses, damages, costs, liabilities and expenses (including, without limitation, amounts paid in settlement and reasonable attorneys’ fees) which any of the Indemnities may suffer, incur or sustain resulting from or arising out of (i) Customer’s breach of any representation, warranty, or covenant contained in the Agreement, (ii) the Customer Content, the Customer Web site or any End User’s use of the Customer Content or the Customer Web site, (iii) violation by Customer or any of its officers, directors, employees or agents of the Terms of Use policy or any applicable law, (iv) claims or actions of third parties alleging misappropriation of trade secrets or infringement of patents, copyrights, trademarks or other intellectual property rights arising from the use, display or publication of Customer’s domain names, the Customer Web site, the Customer Content, or the use of the Services in combination with hardware, software or content not provided by the Company, (v) claims or actions by third parties relating to or arising out of Customer’s use of the Services, and (vi) any failure of the Customer Content or any aspect of the Customer Web site to be compatible with the hardware or software used by the Company to provide the Services, including any damage to the Company’ servers or other hardware caused thereby.
      4. Renewal and Cancellation of Services. In order for the Company to provide uninterrupted Services to Customer, Customer agrees that Services will be automatically renewed, provided that their payment status is in good standing. If we are unable to collect payment for Services renewal, the Customer account will be closed and the Services will no longer provided. If Customer no longer desires Services at the end of a term, Customer should contact the Company via its online ticketing system found at the Company Web site and inform us of the cancellation prior to the next billing cycle. Customer will be emailed an acknowledgement of Services being cancelled and this will serve as the sole form of proof that the account was closed. The Company will not be responsible for retroactive refunds for Services provided and billed to the Customer, which were not desired by the Customer, unless proof of earlier cancellation can be demonstrated. Customer understands that the Company may utilize Merchant Updater Services to receive updated credit card information from participating providers and the Customer authorizes automatic billing by the Company on an on-going basis for subsequent terms of service unless the Customer cancels Services prior to the start of a new term.
      5. ICANN and Other Authority. Customer acknowledges that its rights to any domain name registered or renewed by the Company are not being granted by the Company but are subject to the rules and regulations of ICANN, the Registrar, the registry and applicable law. Customer’s inability to use a domain name shall not entitle Customer to a refund by the Company of any fees paid with respect to the registration of such unusable domain name. The domain name for the Customer Web site shall be the property of Customer.
      6. Domain Name Renewals. If Customer requests the Company to renew for multiple years a prior registration of Customer for a domain name, Customer represents and warranties that all information it provides to the Company in connection with such request will be true and correct. The Company’s sole responsibility in connection with any such request will be to process the renewal using the renewal mechanism provided by the Registrar. The Company will have no responsibility or liability for any loss, interruption in Service, Service error or loss of data caused by the Registrar.
      7. Registrar Terms and Conditions. The Company uses Enom as our principal Registrar for Domain Name Registrations. All registrations and renewals are subject to the terms and conditions of Enom, available for review http://www.enom.com/help/HostTerms.asp. By submitting any domain name order to the Company for domain name Services under these Domain Terms, the Customer agrees to the applicable registrar’s terms and conditions.
      8. Changing Registrars. The Company does not generally perform domain name Services that require the domain name change registrars. If the Company, however, in its sole discretion accepts an order from Customer for domain name Services that requires that the domain name change registrars, the Customer acknowledges that it is solely responsible for complying with the acknowledgement policies of the losing registrar. Such acknowledgement policies may require the Customer to respond to an e-mail sent to the e-mail address for the Administrative Contact of the domain name, as reflected in the WHOIS database of the losing registrar. The Customer acknowledges and agrees that neither the Company nor the gaining Registrar will bear any liability or responsibility for any delay, inconvenience or expiration of domain name registration that occurs as a consequence of the Customer’s failure to respond timely to any losing registrar query or request for confirmation.
      9. They are solely responsible for actions taken under their password and should not disclose it to anyone else.
    3. Merchants Responsibilities:
      1. Comply with the law of their jurisdiction. Merchant may not offer for sale or sell an item to any customer in a location where the item violates applicable laws or regulations. Merchant also may not offer for sale any item that violates the Company’s policies as described below in paragraph “d”.
      2. Provide accurate information. Merchant must accurately describe your store and the items you are selling. Merchant may not include any language in your product or store descriptions, including the name, which may confuse potential customers or cause your products or store to be included in search results that don’t accurately describe your products or store.
      3. Bodies, body parts, bodily fluids. For example: cadavers, organs, “clean” urine for drug tests, sperm, eggs, blood and breast milk.
      4. Government-issued identification documents, whether authentic or counterfeit (e.g., fake IDs for age verification, fake government credentials, passports, green cards), police badges or insignia, and any other law enforcement items.
      5. Any other item that violates any applicable federal, state, or local law or regulation or which the Company determines, in its sole discretion, is inappropriate for sale through the Services provided by the Company.
  2. eCommerce Terms
    1. The Company has established an eCommerce platform. (the e-Store) All the e-Store users (Merchant) must comply with these Guidelines, in addition to the Company Terms of Use and any other applicable the Company agreement or third party Payment Processing agreement.
    2. The Company, in its sole discretion, may suspend the hosting of any product or service that does not comply with these Terms of Use or any other applicable agreement or terms and may terminate the Merchant’s account. The Company reserves the right to change these Terms of Use at any time without notice.
    3.  The Company provides e-Store as a platform for merchants to sell items on the World Wide Web. Merchants should be aware that they are responsible for the delivery of goods purchased on their e-Store. They are responsible for resolving any disputes that may arise from the sale of goods on their e-Store. They are responsible for researching and complying with any applicable laws, regulations or restrictions on items, or manner of sale or exchange that may pertain to transactions in which they participate.
    4. Merchants agree:
      1. Not use or manipulate this Service for any fraudulent activity or purpose, including collecting payment from customers and not providing the item purchased.
      2. Not to spam our system and/or impose an unreasonably large load on our system. Merchant may not put any material on the e-Store that contains any viruses, trojan horses, worms, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
      3. Provide accurate contact information. Merchant must provide an accurate company address, phone number, email address, and return policy in the information section of your store.
      4. The Company, expressly reserves the right to, but has no duty to, reject or remove any item or listing in the Company’s sole discretion.
    5. Merchants may not sell the following items under any circumstances:
      1. Illegal substances, explosives, restricted weapons and related accessories including but not limited to: cigarettes, illegal drugs, drug paraphernalia, prescription drugs, and medical devices, fireworks and hazardous materials.
      2. Any item that infringes the rights of a third party, including items that violate copyrights, trademarks, publicity, or privacy rights of third parties.
  3. Domain Name Terms
    1. This section describes the rights and obligations of the Company and the Customer in connection with the Company’s registration or renewal of domain names for the Customer. (Domain Terms) Customer agrees to comply with the Domain Terms in addition to the General Terms of Use defined in Section 1.
    2. Domain Name Registration. Upon Customer’s request and subject to these Domain Terms, the Company will register an Internet domain name, or renew the Customer’s registration of an existing domain name, on behalf of Customer with a registrar selected by the Company and identified below (the “Registrar”). Shortly after receiving the request from Customer to register a domain, the Company will place the order with the Registrar. Once the order is placed with the Registrar, domain fees become final and non-refundable. For example, if Customer opens a hosting account with a domain in the morning, the Company will in turn place an order with Registrar for the domain. If the Customer closes their account later that day, the Customer will still be responsible for the domain fees and will be the official owner of the domain. Only the hosting account would have been closed. Since Domain Services are provided to us by a third party, we can make no guarantee that a Domain will be successfully registered.
    3. Customer Responsibilities. The Company’s registration or renewal of any domain name is subject to (a) the Company receiving from Customer all information needed from Customer in order to complete such registration, (b) the domain name not being in violation of any applicable law, rule or regulation or the policies of the applicable Registrar or registry, and (c) Customer’s compliance with these Domain Terms. Registration of a domain name is subject to availability of such domain name for registration and the Company will not be responsible if a domain name is not available for any reason. The Company will also not be responsible for any infringement of third-party rights caused by its registration of a domain name for Customer. Customer waives any claims it may have against the Company for, and hereby releases the Company of and from, any loss, damage, liability or expense arising out of, or relating to, the registration of such domain name in any online or offline network directories, membership lists or registration lists, or the release of the domain name from such directories or lists following the termination of Services by the Company for any reason.
    4. Changing Registrar Resellers. If the Customer submits a request to the Company to renew a domain name that was previously registered through a reseller of the Registrar, the Customer acknowledges that it is solely responsible for complying with the acknowledgement policies of the losing reseller and the Registrar. Such acknowledgement policies may require the Customer to respond to an e-mail sent to the e-mail address for the Administrative Contact of the domain name, as reflected in the WHOIS database of the losing registrar, and may also require the Customer to settle any open accounts it has with the losing reseller. The Customer acknowledges and agrees that the Company will bear no liability or responsibility for any delay, inconvenience or expiration of domain name registration that occurs as a consequence of the Customer’s failure to satisfy the acknowledgment policies of the losing reseller or the Registrar.
    5. Renewal and Expiration. Customer agrees that the Company bears no responsibility or obligation to notify Customer of any impending domain name expiration dates and that the Customer is wholly responsible for such deadlines. The Company will have no responsibility for any expiration of a domain name that occurs.
    6. Contact Information. The Customer agrees to keep its WHOIS information accurate and up-to-date. The Customer must cause the e-mail address for the Administrative Contact to be the same as the Customer’s e-mail address maintained in the Company’s billing records. If the e-mail address for the Administrative Contact is not the same as the Customer’s e-mail address maintained in the Company’s billing records, the Company may (but will have no duty to) change the e-mail address for the Administrative Contact in the WHOIS records of the registrar.
    7. Other Terms and Conditions. All fees are fully earned when due and non-refundable when paid.
    8. Under Construction Page. Customer agrees that upon registration of a domain name with the Company, if such domain name is (a) hosted on the Company’s domain name server and (b) does not otherwise resolve to an active Web site, such domain name will be pointed to a page as designated by the Company in its sole discretion (the “temporary page”). The Temporary Page may be modified by the Company at any time in the Company’s sole discretion and without notice to Customer. If Customer does not wish to have Customer’s domain name resolve to the Temporary Page as described herein, Customer should notify support at the Company via its online ticketing system or call a support representative for the Company. The Company may also use a placeholder page in the event of non-payment by Customer for services rendered by the Company.