This User Agreement ("Agreement") governs your purchase and use of any Ileys Inc. Services (collectively called "Services"), ordered by you ("you" and/or "Customer") on the order form ("Order Form") and provided by Ileys Inc.
The account set up with Ileys Inc through which the Services will be administered is referred to as your "Plan(s)". This Agreement explains the terms and conditions that apply to your purchase and the use of the Plan(s) and Ileys's Web site. Before you may use Ileyss Services and create an account with Ileys Inc. you must register and accept this Agreement by clicking the Acceptance Checkbox at the end of this Agreement.
This Agreement exists to define the agreement between you and Ileys Inc and to ensure that Ileys's customers are using Ileys's Services with regard to the rights of other Internet users and in conformity with the requirements of Ileyst's network environment.
You are required to use Ileys Inc's Service(s) responsibly. This includes respecting the other customers of Ileys Inc. Subject to the terms and conditions of this Agreement, Ileys Inc grants you a non-exclusive, non-transferable, limited license to access, display and use our Services, Web sites and their contents.
You shall comply with all copyright laws worldwide in your use of Ileys Inc's Services and Web sites and prevent unauthorized copying of their contents. Except as provided in this Agreement, Ileys Inc does not grant you any express or implied right in or under any patents, trademarks, copyrights or trade secret information.
Ileys Inc servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited.
Examples of prohibited use include, but are not limited to:
* materials subject to trademark, copyright or other laws protecting any materials or data of others in the absence of a valid license or other right to do so
* material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws
* unauthorized use or disclosure of private, personally identifiable information, or proprietary information of others
* adult-oriented sites, pornography and sex-related merchandising , including sites that may infer sexual content of any kind or provide links to adult content elsewhere. Ileys Inc also prohibits sites that provide storage, sale, distribution, hypertext link to, advertisement, promotion or hosting of material that is unlawful, defamatory, obscene, harmful, threatening, harassing, or an intrusion of privacy or publicity rights, or is otherwise objectionable
* storage, posting, display, transmission, advertising of or otherwise making available child pornography.
In purchasing Ileys Inc services, all Ileys Inc customers certify that they and/or the organization they represent in procuring services from Ileys Inc are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
Usage of Allotted Resources
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes agreed to in the stipulated measurements outlined on the web site at the time of sign-up (or other measurements of services in the form of gigabytes, terabytes, etc.) per month for the Services ordered by Customer on the Order Form (the "Agreed Usage").
Ileys Inc will monitor Customer's bandwidth and disk usage. Customer agrees that bandwidth allowances represent the sum of the incoming and outgoing allowances. Once a plan reaches the bandwidth allowance, the plan will automatically be suspended until the next calendar month or until the plan's bandwidth allowance is upgraded.
Usage of Server Resources
In order to preserve the integrity of Ileys Inc's Services and provide Customers with 99.9% uptime guarantee , Ileys Inc must be able to regulate its customers' use of server resources.
Therefore, Customer agrees that customer shall not use excessive amounts of server resources (such as, but not limited to, CPU & Memory usage) on any of Ileys Inc's servers.
Ileys Inc shall define " excessive amounts of server resources" as using any form of server resource in a manner which noticeably hinders the quality of any service. Customer agrees to be held under strict liability for assuring reasonable server resource usage.
Any violation of this policy will result in immediate account cancellation and imposition of an Administrative Fee of $50.00. Ileys Inc shall not refund to customer any fees paid in advance of such cancellation and Customer shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, Customer shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term.
Ileys Inc reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
Disk Usage and Bandwidth
Ileys Inc provides users with bandwidth and disk space, the amount of which is defined in Ileys Inc's web pages describing the package of services purchased at the time of purchase. In all cases, the services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited.
Ileys Inc reserves the right to suspend, discontinue or delete the accounts of users whose use of disk space, bandwidth or other resources results in or presents the risk of degradation of service to other customers, regardless of the amount of disk space, bandwidth or other resources included in the user's plan.
User agrees that such usage shall not exceed the amounts set by Ileys Inc for the services purchased (the "Agreed Usage") and is additionally subject to normal usage guidelines established by Ileys Inc as in effect from time to time. These allotments are optimized and dedicated towards serving the Content and User's active electronic mail services related solely to User's web hosting account(s) with Ileys Inc.
Ileys Inc's Shared Hosting plans are not intended for the storage of data not specifically utilized as an element or content within your site's web pages. Examples include, but are not limited to:
Mass Emailing Policy
Each hosting plan is limited to sending no more than 600 emails in any 60 minute period. This policy is necessary to protect the quality of Ileys Inc's hosting service, as mass emailing can consume excessive amounts of server resources, which negatively impacts the quality of hosting service other clients receive.
First violations of this policy will result in immediate account suspension. To be re-activated , the client must provide a written and signed statement stating "I have read, understood, and agree to Ileys Inc's Mass Emailing Policy". Any second violation of this policy will result in account suspension and Ileys Inc shall decide in its sole and absolute discretion the necessary action, including but not limited to account cancellation.
Ileys Inc shall not refund to Customer any fees paid in advance of such cancellation and Customer shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, Customer shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term. Ileys Inc reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
E-mail Spamming Prohibited
"Spamming" includes the sending of unsolicited bulk and/or commercial messages over the Internet using Ileys Inc's Services or through another ISP or IPP with a reference to Ileys Inc or a website hosted by Ileys Inc, maintenance of an open SMTP policy, and selling or distributing software (on a Web site residing on a Ileys Inc server) that facilitates the foregoing. Spamming is prohibited.
Violators will be assessed a minimum fine of $200 and may have their Plan(s) terminated or suspended. Ileys Inc reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
System and Network Abuse
Violation of system or network security is prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following:
* unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network
* interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks
* forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting
* distributing or hosting destructive or harmful content including, without limitation, viruses, Trojan Horses, worms, time bombs, cancel bots or any computer programming routines that may damage or interfere with any system, program, data or personal information
* any form of hacking or unauthorized access, which includes, without limitation, use probing, or scanning of systems security or authentication measures, data or traffic
* interference with service to any user, host, or network including any form of attempts to overload a system, any form of system attacks, or forgery which can come from any kind of program/script/command or messages of any kind designed to interfere with a user's terminal session, via any means, locally or by Internet
* any form of interception which includes, without limitation, unauthorized monitoring of data or traffic on any network, server or system without express authorization from the owner
* any form of avoidance of system restriction
* any form of failure to safeguard accounts which includes, without limitation, failure to prevent unauthorized access by giving away passwords
Violation of this Agreement
If Ileys Inc becomes aware of any violation or threatened violation of this Agreement, Ileys Inc may pursue any remedies and take any action against you or your customers to stop or correct such violation, including, but not limited to, denying access to Ileys Inc's Services and equipment or to the Internet, removal of all or a portion of the information stored on Ileys Inc's server, suspension of any and all Services, or termination of this Agreement. In the event Ileys Inc is required to suspend Services or terminate this Agreement, Ileys Inc shall not refund any of the Fees paid in advance of such corrective action.
In addition, Ileys Inc may charge you for any costs or expenses it incurs as a result of the threatened or actual violation of this Agreement. You agree that Ileys Inc shall have no liability to you or any of your customers as a result of any corrective action Ileys Inc may take (including, without limitation, termination of Services). You are expected to cooperate with Ileys Inc in any corrective or preventive action that Ileys Inc deems necessary.
In consideration of the Services provided to you by Ileys Inc, you shall pay the service fees set forth in your Plan(s) ("Fees"). Ileys Inc offers 1, 3, 6, 12, and 24 month terms.
All Plans are prepaid and automatically renew for successive like periods unless terminated in accordance with this Agreement. Promotional domain name registration is $14.95 per domain. All Fees must be paid in advance by credit card, Paypal or Mail in Payment.
By establishing a Plan with Ileys Inc, you authorize Ileys Inc to automatically charge the Fees and any administrative or other fees provided for in this Agreement to your credit card or transfer money from your checking account via the transit and routing numbers you provide on the Order Form. You may discuss other payment arrangements with Ileys Inc's Billing Manager by contacting us at:
You must notify Ileys Inc of any changes in your personal information (including, but not limited to, the billing address, account number or credit card or bank account, or expiration or cancellation of your card.).
It shall be your sole responsibility to assure payment is received in full and on time. If payment is not collected by the date due, (1) your account will be suspended until payment is received in full, and (2) Ileys Inc reserves the right to terminate your Plan(s).
If a Plan is suspended for insufficient payment, you must contact Ileys Inc and arrange for immediate payment. Suspended accounts will continue to be responsible for the payment of fees. Termination of Services shall not relieve customer from the obligation to satisfy outstanding amounts due and payable. In the event Ileys Inc utilizes an attorney and/or collection agency to collect any unpaid amounts, Customer shall be responsible for the payment of all of Ileys Inc's attorneys' fees, collection agency fees, and all other costs related to the collection of outstanding amounts.
Service Level Guarantee
Ileys Inc guarantees a 99.9% up time service level. If you are unable to obtain 99.9% access to your website, Ileys Inc will, on an as-requested basis, issue a pro rated credit to you for future services conditional upon your submission of proof that 99.9% up time was not achieved as documented by an industry recognized and reputable third party monitoring service such as that of Alertra.com service.
This guarantee shall not apply in the event of Force Majeur (as described below), scheduled maintenance periods, inability to access applications or scripts running on the server or if customer's account is not in good standing at the time of the outage.
30-Day Money Back Guarantee
If you are not completely satisfied for any reason within the first 30 days of purchasing a hosting or reseller plan, you will be given a full refund of the fees paid in advance upon plan cancellation.
The 30-Day Money Back Guarantee is only available to new customers and cannot be invoked by anyone who has ever previously been a customer of Ileys Inc or has been a customer of Ileys Inc for over 30 days.
The following services are not covered by the 30-Day Money Back Guarantee and are non-refundable for any reason: additional items and services;
Domain Name Registration; Web Design; Custom Web Development; Plan Renewals; Plan Upgrades; Plan Term Extensions; SSL certificates; and overage fees.
To invoke the 30-Day Money Back Guarantee, you must cancel your plan exactly as outlined in the "Termination by Customer" section of this agreement within 30 days of purchase.
THERE ARE ABSOLUTELY NO REFUNDS OFFERED, PROMISED OR AVAILABLE AFTER 30 DAYS OF PURCHASE.
Refunds are only available in accordance with the 30-Day Money Back Guarantee. THERE ARE ABSOLUTELY NO REFUNDS OFFERED, PROMISED, OR AVAILABLE OUTSIDE ILEYS INC'S 30-DAY MONEY BACK GUARANTEE.
Credit Card Chargebacks
Any Customer who initiates a chargeback on their credit card, (removal of Ileys Inc's debit of your credit card account for Fees) will be subject to (1) an Administrative Fee of $100.00 per chargeback, (2) re-payment of the amount(s) originally charged to the credit card (3) and immediate termination of all Customer's Plan(s).
The term of this Agreement shall be as set forth in the Order Form, unless otherwise terminated under this Agreement. The Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew for successive like periods unless terminated in accordance with this Agreement . The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term".
Termination by Customer
All plans automatically renew until terminated. In order to terminate or cancel your plan, you must submit the online account termination form by logging into your Client Area:
Any attempts to cancel by phone, email, live chat, or any other method will be rejected and billing will continue until these instructions have been followed. Please be aware that there are absolutely no refunds available outside the 30-day money back guarantee.
Termination requests must be received a minimum of SEVEN (7) days prior to the end of your plan's term to prevent automatic renewal. If a plan has already been renewed, there are absolutely no refunds available for any reason. Ileys Inc is unable to cancel your account effective for a future date. Once the online account termination form has been submitted, your request will be placed in our service cancellations queue and you will receive a confirmation email within 20 minutes.
If you do not receive this email, your request was not received! The confirmation email will contain a Ticket ID, which is your proof of submission and can be used to track the status of your termination request.
Knowledge and Expertise
Ileys Inc / Customer Communications
Ownership of Website
Internet Protocol (IP) Address Ownership
During the Term of this Agreement, Ileys Inc may provide you with a restricted license to use an Internet Protocol ("IP") address. You may use the IP address only as provided by Ileys Inc.
Ileys Inc shall maintain and control ownership of all IP numbers and addresses that may be assigned to Customer by Ileys Inc, and Ileys Inc reserves the right to change or remove any and all such IP numbers and addresses, in its sole and absolute discretion.
Advertising & Marketing
Warranties and Representations