ipHouse // Service Agreement

1. Definitions

This Service Agreement and Acceptable Use Policy ("Agreement") governs your use of any and all ipHouse services ("Service" or "Services"). Common sense governs all our policies. Generally, you should not violate our policy if you act reasonably. Nonetheless, you must abide by this Agreement in your use of any Services. This Agreement also applies to any entity that directly or indirectly receives Service from ipHouse.

References in this Agreement to "we", "our", and "us" are references to ipHouse. References to "you", "your" and similar references are to a user of ipHouse Services (a "Customer"), and if the Customer is accessing or using the Services for any reason other than personal, individual use, then "you", "your", and similar references, also means the company, or other entity, for which such party is accessing or using the Services.

By using the Services, Customer acknowledges, and assents to be bound by, the policies, terms and conditions set forth herein in their entirety without limitation or qualification, as well as all applicable laws. UNLESS UNDER A SEPARATE WRITTEN CONTRACT, IPHOUSE RESERVES THE RIGHT TO SUSPEND OR CANCEL ANY IPHOUSE SERVICE FOR ANY REASON NOT PROHIBITED BY LAW.

If Customer does not agree to all of these terms and conditions, it must stop using the Services immediately and promptly notify ipHouse of its rejection of these terms and conditions.

Additional terms and conditions applicable to particular products or Services may appear on any corresponding order form, order entry web page, contract, or service confirmation statement. The term "this Agreement" refers to and includes the terms and conditions contained in this sheet along with any expressly written terms and conditions on applicable order form, confirmation statement, contract, or agreement.

2. Unlawful and Illegal Use

Customer agrees not to use any Service to store, post, send, or receive anything that is or may be in violation of any law or which may be considered defamatory, offensive, abusive, or harassment or that breaches or infringes on the privacy, trade secrets, or any intellectual property rights (including copyright) of any party.

If any Customer breaches this Section 2, ipHouse may take any of the actions outlined in Section 13 below or any other action it deems appropriate.

Examples of uses breaching this Section include but are not limited to:

Unauthorized copying or distributing of copyrighted material;
Attempts to obtain unauthorized access to the accounts or computer systems of others;
Impersonating another person's identity;
Promoting scams or frauds, or engaging in any misrepresentation;
Harassing or threatening others, including emotional and verbal harassment;
Promoting or disseminating "Hate" information; or
Distribution of child pornography.

3. System and Network Security

ipHouse desires to maintain the integrity of its servers and network for the benefit of all ipHouse Customers. The following policies help secure such integrity.

Any violation of system or network security is prohibited. Any attempted violation or violations may result in criminal and civil liability for the violator. ipHouse will inform and co-operate with relevant law enforcement organizations in the event of suspected criminal violation. Examples of violations include the following:

Unauthorized access to or use of data, systems or networks, including testing the vulnerability of, or monitoring data or traffic of, a system or network;
Interfering with or harassing any user, host or network, including mailbombing, flooding, denial of service attacks, deliberate attempts to overload a system, and broadcast attacks;
Attempting to degrade performance, use excessive bandwidth or disk storage or any action that can create abnormally high bandwidth or processor use, including through exploitation of bugs or flaws; or
Any other activity that may diminish the ability of anyone to use any Services or other services or the Internet in general.

Customer may not store or distribute prohibited or harmful material on ipHouse servers, or on servers connected to the Internet using ipHouse equipment or servers. Examples of such material include, but are not limited to, viruses, Trojan horses, tools to attack or breach the security of other systems, unsolicited advertisement or mass mailing programs, unsolicited advertisement or mass mailing services, or programs or services designed to encourage or facilitate a breach of this Agreement or policy of any other site.

Customers of ipHouse Services may not use insecure devices or services that may be exploited by others (with or without the knowledge of the Customer) to carry out actions that constitute a breach of this Agreement or any other harmful or destructive effect. Examples of insecure devices or services include open mail relays, proxy services, devices vulnerable to unauthorized remote access, and viruses, worms, Trojan horses, or similar malicious programs.

Customers are responsible for all traffic arising from connected devices and networks, regardless of awareness of such activity. Customers must immediately disconnect devices allowing or creating activity that contravenes this Agreement if ipHouse notifies Customer of such activity or Customer otherwise become aware of such activity. If ipHouse becomes aware of any such insecure device or service, ipHouse may take any of the actions outlined in Section 13 below, or any other action it deems appropriate.

For Shared Hosting, ipHouse is responsible for the security, patching and maintenance of the server operating system and the server daemons in the shared hosting environment. This includes the operating system, the web server engine, the database engine, and various system level scripting languages. The Shared Hosting server level software is the limit of the responsibility that ipHouse has. ipHouse is not responsible for the security of web site content, which includes but is not limited to: individual PHP/Perl/Python scripts, frameworks, CMS packages, themes, or plug-ins associated with individual web sites. Customers are responsible for the security of their own web site content.

4. E-mail

Customer may not send e-mail to recipients who do not wish to receive it, and must not send further e-mail to any recipient requesting you to desist. Customers may not send unsolicited, commercial or informational e-mail (SPAM).

Chain letters are unsolicited by definition and may not be propagated using ipHouse facilities or Services.

Customer may not mailbomb or reply to mailbombs, which is defined as either e-mailing copies of a single message to many recipients, or sending large or multiple files or messages to a single recipient with malicious intent.

Customer may not maintain an open proxy server or mail server that allows unauthenticated access or an open mail relay. ipHouse may regularly scan to find and terminate open relays and open proxies.

Customer may not perform any act to hide or falsify information relating to your e-mail, such as the headers, or otherwise act to prevent Internet users from responding to messages.

Customer may not use an account as a mail drop for responses to SPAM, or use SPAM to draw attention to a web site housed within ipHouse's networks or on a server connected within ipHouse netblocks.

Violations of the Agreement can sometimes result in massive numbers of e-mail responses. If a Customer receives so much e-mail that ipHouse's resources are affected, ipHouse may shut down the Customer account or Service. ipHouse reserves the right to reject or bounce e-mail for any reason. E-mail to a Customer may bounce if mailbox quota is reached or exceeded.

If an e-mail message or a Customers use of e-mail is found to violate one of the policies above, or described in Section 2 above, ipHouse may take action as outlined in Section 13 below, or any other action it deems appropriate.

5. No Relationship with Unsolicited Messaging

Customer may not operate, host, provide facilities to or otherwise assist any web site, e-mail address, e-mail service, ftp service or other service advertised or promoted by means of SPAM, excessive cross-posting or excessive multi-posting to Usenet Newsgroups, other unsolicited messaging via mediums such as IRC, ICQ and online instant messaging, or any other form of communication that is unsolicited or involves mass messaging.

This prohibition applies regardless of whether the abuse uses ipHouse Services. ipHouse reserves the right to demand suspension of and suspend access to services advertising to unsolicited e-mail recipients. ipHouse may suspend access to the IP address(es) concerned without notice to any parties.

6. USENET News

Certain Services include access to many Usenet discussion groups, web based groups or forums, and other online communities ("Newsgroups"). Some Newsgroups contain language, pictures, or discussion intended for adult audiences or that may be viewed as obscene or offensive. ipHouse does not monitor access to Newsgroups or the content of any Newsgroups, and is not responsible for the content of any Newsgroup or use of any Newsgroup.

ipHouse may discontinue any Newsgroup at any time at its sole discretion without notice.

If ipHouse believes that your use of any Newsgroup, including any posts you make, violates any of the policies listed herein, ipHouse may require that the action be conducted in a more appropriate forum, take action as outlined in Section 13 below or any other action it deems appropriate.

All Newsgroup articles you post must comply with the charter of the Newsgroup to which they are posted. If a Newsgroup does not have a charter, you may only post to a group if its title indicates the post is appropriate for the group. You are responsible for determining the rules of a Newsgroup before posting to it.

Established Usenet etiquette and protocol ("Netiquette") prohibit advertising in most Newsgroups. Customer may post advertisements only in those Newsgroups that specifically permit them in the charter. Some Newsgroups, such as some Usenet.marketplace groups, may permit advertisements for single transactions between private individuals, but not commercial advertisements. You are responsible for determining whether a Newsgroup permits advertisements before posting.

Netiquette prohibits chain letters, pyramid schemes, encoded binary files, job offers or listings, personal ads, and certain other types of abusive or resource intensive posts in most Newsgroups. You may post these types of message only in Newsgroups that specifically permit them in the charter (if any). You are responsible for determining whether a Newsgroup permits a type of message before posting.

You may not alter the headers of posts to Newsgroups to conceal your e-mail address or to prevent other users from responding to posts, except by adding a clause or character to an e-mail address or domain name to foil SPAM address gathering programs.

No Customer may use cancel articles that were not posted by the Customer, excepting only moderators of formally moderated Newsgroups where the moderators themselves may not post any articles in such moderated Newsgroup.

You may not attempt to "flood" or otherwise disrupt any Newsgroup. Examples of disruptive activities include posting multiple messages with no text in the body, or posting many follow-ups to messages with no new text.

You may not excessively crosspost, or post the same or similar article to multiple unrelated Newsgroups.

ipHouse may remove any Newsgroup post on the ipHouse servers at any time at its sole discretion without notice.

7. World Wide Web

ipHouse is not responsible for any website you own or operate, even if it uses ipHouse Services. ipHouse has no duty to monitor any such website or part thereof. Customers are responsible for the security of their own web site content. ipHouse is only responsible for the security, patching and maintenance of the server operating system and the server daemons in the shared hosting environment. This includes the operating system, the web server engine, the database engine, and various system level scripting languages. ipHouse is not responsible for the security of web site content, which includes but is not limited to: individual PHP/Perl/Python scripts, frameworks, CMS packages, themes, or plug-ins associated with individual web sites.

ipHouse provides web space for personal use with Dialup and DSL accounts. Web space attached to Dialup and DSL accounts may not be used to promote, advertise, or sell any product or service. Any personal websites that generate more than 25,000 hits or 250MB of traffic per month may be asked to purchase a web hosting account.

ipHouse may remove any webpage on the ipHouse servers at any time at its sole discretion without notice, take action as outlined in Section 13 below, or any other action it deems appropriate.

You may not use web pages to attempt to disrupt the pages or Internet experiences of others.

Customers whose web pages, or traffic thereto, use excessive resources may receive a warning from ipHouse or have their Services suspended until they either purchase upgraded Services to handle the excessive use or otherwise reduce resource utilization to a reasonable level. "Excessive use" shall be determined by ipHouse at its reasonable discretion, based on standard customer use compared to the Customer at issue.

8. Internet relay chat (IRC)

ipHouse does not monitor or control IRC channels. Any IRC user may create a channel with operator privileges ("ops"), and any channel operator may remove anyone else from that channel. Channel operators are not ipHouse agents, and are in no way compensated or supervised by ipHouse. ipHouse is not liable for the content of any communication made on IRC or your ability to use IRC channels to your satisfaction.

Customer may not engage in "flooding" which is repeating actions in quick succession in order to fill the screens of other users with text messages

You may not "flash" other users, which is a message that contains control code information designed to disrupt a user's terminal emulation or session.

You may not maintain more than 3 simultaneous IRC connections from any one account.

You may not "hack", which is defined as manipulation of IRC servers to harass or disconnect other users, or forcible seizure of ops or other forcible manipulation of IRC against the will of other users.

The holder of ops on a channel may remove any users he or she desires. Users who are removed have the option to move to another channel or create a channel of their own, where they hold operator privileges. Users may not attempt to return to a channel after being banned from it or harass anyone with ops or otherwise.

You may not attempt to continue sending private messages to a user who has used or attempted to use the "ignore" command against you, or otherwise evidenced a desire to not be contacted by you.

You may adopt any available nickname for use in IRC, but should be aware that the "whois" command may be used to discover your username and hostname. You may not attempt to disguise your username or hostname in order to impersonate other users or use IRC anonymously.

If your IRC use violates any ipHouse IRC policy, ipHouse may take action as outlined in Section 13 below or any other action it deems appropriate.

9. Backup of Data

ipHouse may offer one or more levels of data backup service. Data backup service is not considered an archiving mechanism. Not all data may be backed up. You understand that data backup services offered by ipHouse are not a substitution for a Customer-owned and managed, sound and secure system for backing up and archiving data. ipHouse will not be liable for any damages Customers may suffer for the loss of data, including losses arising out of acts of God use or inability to use or access such backed up data.

In no event will ipHouse be liable for unauthorized access to Customers' transmission equipment or premises equipment, for unauthorized access to or alteration, theft or destruction of Customers' data files or information through accident, fraudulent means or devices, software and other third party errors, or any other cause.

You agree that your important or critical data must be backed up or saved by you on independent systems or media for any required compliance with regulations or as a part of your disaster recovery program. See Section 15 "Warranty and Liability Disclaimer."

10. Billing

Billing for ipHouse Service will commence when ipHouse has done everything reasonably necessary to provide Service. All accounts will be billed monthly in advance for Service. Invoices will be sent approximately 2-3 weeks before the start of the upcoming Service period. All invoices are due and payable by the start of the Service period unless prior arrangements have been made. Our billing cycle is monthly. Quarterly or annual billing is available if desired.

ipHouse Customers have the right to cancel their Service at any time, for any reason. Customers under contract may be subject to a termination fee as stated in the contract. Service charges are not prorated upon termination. If your Service is suspended or terminated, you are not relieved of the obligation to pay any outstanding charges. Only a written notice to cancel relieves you of future charges. If you send us written notice via E-Mail to billing@iphouse.net, we will contact you or your Authorized Representative to confirm your decision to cancel this Agreement. Pre-paid subscriptions will be refunded after billing has been adjusted to reflect monthly billing through the current Service period and any cancellation fee as determined by ipHouse. Subscriptions cover base rates only. All charges over the base rate will be billed at the current rate for your Service type. Charges over the base rate will be billed the month after Service and are due upon receipt.

Customers must provide a valid postal delivery address. All returned checks are subject to a $30.00 fee for each time they are rejected by Customers bank. Customer is immediately in default if ipHouse receives a returned check. Service may be interrupted if a bad check is not paid in full with all applicable fees at our offices within 5 days of receipt from Customers bank. Customer agrees to make payment in full to ipHouse for all charges incurred by Customer under this or other Agreements. Customer also agrees to pay ipHouse, as interest, an amount equal to 1.5% per month, or the maximum provided by law (whichever is less) for invoice amounts that are greater than 30 days past due. Should Customer default in any such payment(s), ipHouse shall have the right, without notice to Customer, to declare all invoice amounts due and payable.

Untimely payment may result in Service in being suspended or removed. Attempt will be made to contact the Customer at the postal address on file before Service removal.

In the event ipHouse should commence any action or actions, or otherwise seek to enforce this Agreement against Customer, Customer agrees to pay reasonable attorney(s) fees, court costs, collection fees and other expenses incurred by ipHouse, whether or not suit is filed. Customer agrees to indemnify ipHouse for all legal fees, including attorney and court fees, caused by any Customer, who by their action or inaction directly or indirectly causes ipHouse to be a defendant, co-defendant or otherwise become involved in any legal action, mediation, arbitration, or similar procedure.

11. Assignment

This Agreement is not transferable or assignable without the prior written consent of ipHouse.

12. General

Except under certain circumstances where abuse is brought to the attention of ipHouse, ipHouse does not review or edit the information accessible through ipHouse. With the exception of information specifically and expressly authored by ipHouse, ipHouse has no control over the content of the data passing through ipHouse. As a Customer, you are solely and fully responsible for safeguarding the privacy of, integrity of and liability of your own use of the Services and your data and communications. Persons and organizations that publish information on the Internet are solely responsible for the content of such information. ipHouse is not responsible for the content of others, even if it is accessible through the ipHouse networks.

ipHouse reserves the right to monitor Customer use of the Services if security or Agreement violation is suspected.

Customer must be of legal age and may be required to provide proof of age. Customers under the age of 18 are not permitted.

Any automated processes to keep connections alive are prohibited. The session limit for dialup access is 12 hours. Concurrent logins of the same dialup access account are not permitted unless expressly permitted as a part of the Service.ipHouse may terminate unattended or inactive dialup connections, but is not responsible for doing so. Customer shall be solely and fully responsible for any unattended dialup connection, including misuse by third parties or overage charges.

Each ipHouse Customer shall be responsible to distribute, publicize and enforce the terms of this Agreement at their own location. In addition, each ipHouse Customer shall provide this Agreement to appropriate administrative authorities at all sites connected to theirs via connections not directly supported by ipHouse.

Customers may not resell any Services in any way.

Customer acknowledges that ipHouse may have to perform maintenance duties that may make the Services unavailable for a period of time. ipHouse will make reasonable efforts to perform such duties to minimize impact on Customers.

Customer acknowledges that ipHouse is not responsible for maintaining any telecommunications lines not owned by ipHouse.

Customer understands and acknowledges that ipHouse is not responsible for data residing upon or traversing the ipHouse network.

Customer understands that ipHouse does not insure for any Customer equipment located at ipHouse facilities. ipHouse is not responsible for any loss to such equipment, including but not limited to, acts of God, vandalism, theft, fire, electrical surges, or data corruption, and such equipment is held at Customer's sole risk.

Networks assigned from a ipHouse netblock are non-portable. Network space allocated by ipHouse must be returned to ipHouse in the event Customer discontinues Service.

13. Investigation and action

ipHouse has in place a procedure for handling complaints about material stored and/or accessed via the Services. Submit complaints by e-mail to abuse@iphouse.net. Complaints received via other methods are subject to delayed response.

ipHouse reserves the right to investigate suspected violations of the Agreement. When ipHouse becomes aware of possible violations, ipHouse may initiate an investigation, which may include gathering information from the Customer involved and the complaining party, if any, and examination of logs or data on our servers.

During an investigation, ipHouse may suspend the Service involved and/or remove the data involved from our servers. Such action may include temporary or permanent removal of data from our servers, warnings to the Customer responsible, and the suspension or termination of the Service responsible. ipHouse will determine at its sole discretion what action will be taken on a case-by-case basis.

Customer acknowledges that ipHouse may be required by current or future law or regulation to access, monitor, store, duplicate, or otherwise process Customer data stored on or transmitted by the Service. Without limitation, Customer expressly authorizes ipHouse to use personally identifiable information and other account information in connection with any such investigation, including by disclosing it to any third party authority that ipHouse considers has a legitimate interest in any such investigation or its outcome. Evidence of illegal or prohibited activities may be disclosed to law enforcement authorities.

ipHouse reserves the right to refuse or end Services for any reason. Excessive use of shared resources may result in suspension or termination of the entire account. ipHouse reserves the right to terminate Services with immediate effect and without further obligation or liability as required by any law enforcement organization or by the courts or any relevant regulatory authority. Termination of Service does not release Customer from payment obligations for Services delivered. Any waiver by ipHouse of any part of this Agreement does not release any Customer from being subject to future enforcement or serve as a waiver of any other violation of this Agreement.

14. HIPAA Notice

Customers acknowledge that certain Services may not be appropriate for the storage or control of access to sensitive data, such as Protected Health Information ("PHI") and that not all Services are "HIPAA compliant".

Unless expressly defined in a separatel;y executed Business Associate Agreement ("BAA") between Customer and ipHouse, ipHouse specifically disclaims any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act ("HIPAA").

Customers that use Services to transmit, store or permit access to PHI without a BAA in place with ipHouse are in violation of this Agreement.

15. Warranty and Liability Disclaimer

ALL PRODUCTS AND SERVICES ARE FURNISHED BY IPHOUSE AND ACCEPTED BY CUSTOMER "AS IS," "WITH ALL FAULTS," AND WITHOUT ANY WARRANTY WHATSOEVER. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED BY IPHOUSE. IPHOUSE DOES NOT WARRANT THAT ANY PRODUCT OR SERVICE WILL MEET CUSTOMERS REQUIREMENTS OR THAT IT WILL BE UNINTERRUPTED OR ERROR FREE. IPHOUSE DOES NOT WARRANT THE CONTENT. THE ENTIRE RISK AS TO THE SERVICES AND THE ACCURACY AND QUALITY OF THE INFORMATION TRANSMITTED OR RECEIVED THROUGH THE SERVICES, IS AND REMAINS WITH CUSTOMER. IN NO EVENT WILL IPHOUSE BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, OR SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, WHETHER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF IPHOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

IN NO EVENT WILL IPHOUSE BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA OR SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, WHETHER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF IPHOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IPHOUSE'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT OR ANY PRODUCT OR SERVICE PROVIDED UNDER THIS AGREEMENT IS ABSOLUTELY LIMITED TO THE AMOUNT PAID BY CUSTOMER TO IPHOUSE UNDER THIS AGREEMENT FOR SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING SUCH CLAIM.

EXCLUSIONS AND LIMITATIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

16. Indemnity

Customer agrees to indemnify and hold ipHouse and Octeon Corp., its affiliates, officers, employees and agents harmless against all claims, actions, demands, costs (including legal costs and disbursements), expenses, losses and damages arising out of or incurred as a consequence of a breach of this Agreement.

17. Changes

ipHouse may change this Agreement at any time to reflect any changes in the law or whenever ipHouse deems it necessary. Any changes will be effective upon posting to the ipHouse website at the following URL: http://www.iphouse.com/saaup.html and it will be the Customers responsibility to ensure that they are fully aware of these changes.