IMPORTANT NOTICE: All Payments To Illuminations
Web Services are Non-Refundable! All refunds are made at the manager's
Illuminations Web Services ("The Company")
agrees to furnish services to the client, subject to the following
TOS (Terms of Service).
Right to Refuse Service:
Illuminations Web Services reserves the right
to refuse it's services to anyone for any reason. This policy is
enforced to ensure a professional and secure environment for all
customers on our systems.
Use of Illuminations Web Services Service constitutes
acceptance and agreement to Illuminations Web Services's AUP, Illuminations
Web Services's TOS (Terms of Service) as well as Illuminations Web
Services (Service Level Agreement).
All provisions of this contract are subject to
the TOS (Terms of Service) of Illuminations Web Services, AUP
(Acceptable Use Policy) and Illuminations Web Services (Service
Level Agreement). The AUP may be changed from time to time at the
discretion of the Company. Client understands that change to the
AUP by the Company shall not be grounds for early contract termination
This Agreement shall be construed in all respects
in accordance with the laws of the state of Tennessee applicable
to contracts enforceable in that state. Venue will be the city
of Maryville, Tennessee.
Disclosure to Law Enforcement:
The AUP specifically prohibits the use of our
service for illegal activities. Therefore, Client agrees that the
Company may disclose any and all Client information including assigned
IP numbers, account history, account use, etc. to any law enforcement
agent who makes a written request without further consent or notification
to the Client. In addition Illuminations Web Services shall have
the right to terminate all service set forth in this Agreement.
Client acknowledges that the nature of the service
furnished and the initial rates and charges have been communicated
to Client. Client is aware that the Company may prospectively change
the specified rates and charges from time to time. The promotional
offer is contingent upon Company achieving and maintaining its cost
of service goals including but not limited to rates charged to company
by its suppliers.
Establishment of this service is dependent upon
receipt by the Company of payment of stated charges. Subsequent
payments are due on a reoccurring date that coincides with the date
Temporary access to account:
The customer is allowed to use the
IP/~username/ (for temporary access to site, prior to domain name
propagation) for fourteen days after the account setup procedure.
Following this time period, it will be disabled and a domain name
will be required to access the account.
Payments and Fees:
NOTICE: Illuminations Web Services utilizes the Credit Card processing
services of Paypal and as such must abide by
the Terms of Service of said company. All Credit Card and e-check
purchases will be sold/processed by PayPal. All services will
be provided by Illuminations Web Services.
Declined and Late Payment Fees:
Credit cards that are declined for any reason
are subject to a $10.00 declination fee. Service will be interrupted
on accounts that reach 5 days past due. Service interrupted for
nonpayment is subject to a $10 reconnect charge. Accounts not paid
by due date are subject to a $20.00 late fee. Accounts that are
not collectable by Illuminations Web Services will be turned over
to an outside collection agency for collection. If your account
is turned over for collection, you agree to pay Illuminations Web
Services a "Processing and Collection" Fee of not less
than $50 and not more than $150. If you desire to cancel your account,
please follow the proper procedure to do this as outlined in this
ToS in the Account Cancellation section.
Accounts not paid in full within 30 days of the
due date will be terminated. All data in the account will be lost.
Illuminations Web Services is not responsible for any loss of data
or damages due to this loss of data.
Refund and Disputes:
All payments after the initial 30 days of service
to Illuminations Web Services are non-refundable. This includes
the one time setup fee and subsequent charges regardless of usage.
All overcharges or billing disputes must be reported within 60 days
of the time the dispute occurred. If you dispute a charge to your
credit card issuer that, in Illuminations Web Services's sole discretion
is a valid charge under the provisions of the ToS and/or AUP, you
agree to pay Illuminations Web Services an "Administrative
Fee" of not less than $50 and not more than $150. All refunds
are made at the manager's discretion.
Failure to Pay:
The Company may temporarily deny service or terminate
this Agreement upon the failure of Client to pay charges when due.
Such termination or denial will not relieve Client of responsibility
for the payment of all accrued charges, plus reasonable interest
and any collection fees.
All requests for canceling accounts
must be made in writing with at least 15 days notice but not more
than 60 days prior written notice and sent to Illuminations Web
Services Attn: Cancellations, PO Box 7053, Maryville,
TN 37802-7053, or you may email a cancellation request to email@example.com.
You must have
all account information to cancel and include your signature.
Client acknowledges that the service provided
is of such a nature that service can be interrupted for many reasons
other than the negligence of the company and that damages resulting
from any interruption of service are difficult to ascertain. Therefore,
Client agrees that the company shall not be liable for any damages
arising from such causes beyond the direct and exclusive control
of the company. Client further acknowledges that the company's liability
for its own negligence may not in any event exceed an amount equivalent
to charges payable by Client for services during the period damages
occurred. In no event shall the company be liable for any special
or consequential damages, loss or injury.
Illuminations Web Services provides 24/7 technical
support to our Clients. We limit our technical support to our area
of expertise. The following is our guidelines when providing support:
Illuminations Web Services provides support related to your server
or functioning. Illuminations Web Services does not offer tech support
ASP programming, html or any other such issue. Illuminations Web
Services does not provide technical support for YOUR Clients. If
you can email, we encourage you to email firstname.lastname@example.org
for assistance. Any request of technical support warrants the possibility
of being charge a system administration fee if the request related
to Operating System functionality, software application functionality,
customer installed software/scripts, or Control Panel functionality.
If a staff member of Illuminations Web Services is required to login
to your server to provide support, system administration fees can
be applied to your account. Charges are applied at an hourly rate
and applied to the next billing cycle.
SPAM and Unsolicited Commercial Email (UCE):
Illuminations Web Services takes a zero tolerance
approach to the sending of Unsolicited Commercial Email (UCE) or
SPAM over our network. Very simply this means that Clients of Illuminations
Web Services may not use or permit others to use our network to
transact in UCE. Clients of Illuminations Web Services may not host,
or permit hosting of, sites or information that is advertised by
UCE from other networks. Violations of this policy carry severe
penalties, including termination of service.
Violation of Illuminations Web Services's SPAM
policy will result in severe penalties. Upon notification of an
alleged violation of our SPAM policy, Illuminations Web Services
will initiate an immediate investigation (within 48 hours of notification).
During the investigation, Illuminations Web Services may restrict
customer access to the network to prevent further violations. If
a customer is found to be in violation of our SPAM policy, Illuminations
Web Services may, at its sole discretion, restrict, suspend or terminate
customer's account. Further, Illuminations Web Services reserves
the right to pursue civil remedies for any costs associated with
the investigation of a substantiated policy violation. Illuminations
Web Services will notify law enforcement officials if the violation
is believed to be a criminal offense.
First violations of this policy will result in
an "Administrative Fee" of $250 and your account will
be reviewed for possible immediate termination. A second violation
will result in an "Administrative Fee" of $500 and immediate
termination of your account. Users who violate this policy agree
that in addition to these "Administrative" penalties,
they will pay "Research Fees" not to exceed $150 per hour
that Illuminations Web Services personnel must spend to investigate
the matter. PLEASE, DO NOT SPAM from your account.
When you register or transfer a domain name,
you are required to provide us with certain information. This information
Your full name, postal address, e-mail address,
voice telephone number, and fax number if available; The name
of an authorized person for contact purposes in the case of a
registrant that is an organization, association, or corporation;
The IP addresses of the primary nameserver and any secondary nameserver(s)
for the TLD name; The corresponding names of those nameservers;
The full name, postal address, e-mail address, voice telephone
number, and fax number if available of the technical contact for
the TLD name; The full name, postal address, e-mail address, voice
telephone number, and fax number if available of the administrative
contact for the TLD name; The name, postal address, e-mail address,
voice telephone number, and fax number if available of the billing
contact for the TLD name; and Any remark concerning the registered
TLD name that should appear in the WHOIS directory.
You agree to update this information to keep it
current, complete and accurate. You also agree and understand that
the foregoing registration data will be publicly available and accessible
on the WHOIS directory as required by ICANN/Registry Policy and
may be sold in bulk in accordance with the ICANN Agreement.
Inaccurate or Unreliable Data
If client deliberately provides inaccurate or
unreliable information, or fails to promptly update necessary information,
or fails to respond to our email inquiries within five calendar
days, such actions shall constitute a breach of this Agreement.
IP Address Ownership: If Illuminations Web Services
assigns Customer an Internet Protocol address for Customer's use,
the right to use that Internet Protocol address shall belong only
to Illuminations Web Services, and Customer shall have no right
to use that Internet Protocol address except as permitted by Illuminations
Web Services in its sole discretion in connection with the Services,
during the term of this Agreement. Illuminations Web Services shall
maintain and control ownership of all Internet Protocol numbers
and addresses that may be assigned to Customer by Illuminations
Web Services, and Illuminations Web Services reserves the right
to change or remove any and all such Internet Protocol numbers and
addresses, in its sole and absolute discretion. Our allocation of
IP addresses is limited by ARIN's new policies. These new policies
state that use of IP addresses for IP based virtual hosts will not
be accepted as justification for new IP addresses. What this means
to you is that you MUST use name-based hosting where possible. We
will periodically review IP address usage, and if we find that clients
are using IP addresses where name-based hosting could be used, we
will revoke authorization to use those IP addresses that could be
used with name-based hosting.
Bandwidth Usage: Customer agrees that bandwidth
that exceeds the given rate on a monthly basis will pay an "overage"
as detailed on the Illuminations Web Services web site. Illuminations
Web Services will monitor Customer's bandwidth via MRTG. Illuminations
Web Services shall have the right to take corrective action if Customer's
bandwidth is excessive and interrupts service for other customers.
Such corrective action may include the assessment of additional
charges, disconnection or discontinuance of any and all Services,
or termination of this Agreement, which actions may be taken is
in Illuminations Web Services's sole and absolute discretion. If
Illuminations Web Services takes any corrective action under this
section, Customer shall not be entitled to a refund of any fees
paid in advance prior to such action. In the event that a customer
exceeds the included allocation, Illuminations Web Services may,
at its sole discretion, collect a deposit, in an amount determined
by Illuminations Web Services, against customer's credit card on
file with Illuminations Web Services.
System and Network Security: Users are prohibited
from violating or attempting to violate the security of the Illuminations
Web Services Network. Violations of system or network security may
result in civil or criminal liability. Illuminations Web Services
will investigate occurrences, which may involve such violations
and may involve, and cooperate with, law enforcement authorities
in prosecuting Users who are involved in such violations. These
violations include, without limitation:
- Accessing data not intended for such User or logging
into a server or account, which such User is not authorized
- Attempting to probe, scan or test the vulnerability
of a system or network or to breach security or authentication
measures without proper authorization.
- Attempting to interfere with service to any user,
host or network, including, without limitation, via means of
overloading, "flooding", "mail bombing" or "crashing".
- Forging any TCP/IP packet header or any part of
the header information in any e-mail or newsgroup posting.
- Taking any action in order to obtain services
to which such User is not entitled.
- Addition of IP addresses that have not been specifically
assigned to the server.
Notification of Violation: Illuminations Web Services
is under no duty to look at each customer's or user's activities
to determine if a violation of the AUP has occurred, nor do we assume
any responsibility through our AUP to monitor or police Internet-related
First violation: Any User, which Illuminations
Web Services determines to have violated any element of this Acceptable
Use Policy, shall receive an email, warning them of the violation.
The service may be subject at Illuminations Web Services' discretion
to a temporary suspension pending a User's agreement in writing,
to refrain from any further violations.
Second Violation: Users that Illuminations Web
Services determines to have committed a second violation of any
element of this Acceptable Use Policy shall be subject to immediate
suspension or termination of service without further notice.
We reserve the right, to drop the section of IP
space involved in Spam or Denial-of-Service complaints if it is
clear that the offending activity is causing great harm to parties
on the Internet. In particular, if open relays are on your network
or a customer's network, or if denial of service attacks are originating
from your network. In certain rare cases, we may have to do this
before attempting to contact you. If we do this, we will contact
you as soon as is feasible.
Suspension of Service or Cancellation: Illuminations
Web Services reserves the right to suspend network access to any
customer if in the judgment of the Illuminations Web Services network
administrators the customer's server is the source or target of
the violation of any of the other terms of the AUP or for any other
reason which Illuminations Web Services chooses. If inappropriate
activity is detected, all accounts of the Customer in question will
be deactivated until an investigation is complete. Prior notification
to the Customer is not assured. In extreme cases, law enforcement
will be contacted regarding the activity. The customer will not
be credited for the time the customer's accounts/machines were suspended.
Illuminations Web Services reserves the right
to amend its policies at any time. All Sub-Networks, resellers and
managed servers of Illuminations Web Services must adhere to the
above policies. Failure to follow any term or condition will be
grounds for immediate Cancellation. You will be held responsible
for the actions of your clients in the matter described on these
Terms and conditions. Therefore, it is in your best interest to
implement a similar or stricter Terms and conditions or otherwise
Indemnification: Illuminations Web Services wishes
to emphasize that in agreeing to the Illuminations Web Services
Acceptable Use Policy (AUP) and Terms of Service (ToS), customer
indemnifies Illuminations Web Services for any violation of the
Acceptable Use Policy (AUP) and Terms of Service (ToS) that results
in loss to Illuminations Web Services or the bringing of any claim
against Illuminations Web Services by any third-party. This means
that if Illuminations Web Services is sued because of a customer's
or a customer of a customer's activity, the customer will pay any
damages awarded against Illuminations Web Services, plus all costs
and attorney's fees.
Miscellaneous Provisions: You MUST provide us
with, and keep current, good contact information for you. E-mail,
fax, and telephone contacts are used, in that order of preference.
A waiver by the Company of any breach of any provision
of this Agreement by Client shall not operate as or be construed
as a continuing or subsequent waiver thereof or as a waiver of any
breach of any other provision thereof.
Client shall not transfer or assign this Agreement
without the prior written consent of the Company. Company may assign
Agreement at anytime without consent from or notice to Client. Company
reserves right to cancel Clients rights under this contract at anytime
without further obligation.
Illuminations Web Services takes no responsibility
for any material input by others and not posted to the Illuminations
Web Services Network by Illuminations Web Services. Illuminations
Web Services is not responsible for the content of any other web
sites linked to the Illuminations Web Services Network; links
are provided as Internet navigation tools only. Illuminations
Web Services disclaims any responsibility for any such inappropriate
use and any liability to any person or party for any other person
or party's violation of this policy.
Illuminations Web Services is not responsible
for any damages your business may suffer. Illuminations Web Services
does not make implied or written warranties for any of our services.
Illuminations Web Services denies any warranty or merchantability
for a specific purpose. This includes loss of data resulting from
delays, non-deliveries, wrong delivery, and any and all service
interruptions caused by Illuminations Web Services.
Responsibility for Content: You, as Illuminations
Web Services' customer, are solely responsible for the content
stored on and served by your Illuminations Web Services server.
Effective January 1, 2005