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Terms of Service (TOS)

Please take time to read these important terms and conditions of use of our web site and services.

Application of Terms:

These Terms of Service ("TOS") govern the relationship between you and iHwy, Inc. with regard to your use of the iHwy Inc. Site and Services.

Definitions and Interpretations:

In this Agreement "you," "your" and "user" refer to each customer and "we," "us" and "our" refer to iHwy, Inc..

This Agreement explains our obligations to you, and explains your obligations to us for various iHwy, Inc. services. By selecting our service(s) you have agreed to establish an account with us for such services. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional iHwy, Inc. service(s) or to cancel your iHwy, Inc. service(s) (even if we were not notified of such authorization), this Agreement covers such service or actions. By using the service(s) provided by iHwy, Inc. under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and any rules or policies that are or may be published by iHwy, Inc..

iHwy, Inc. agrees to furnish services to the user, subject to the following TOS (Terms of Service).

Use of an iHwy, Inc. service constitutes acceptance and agreement to iHwy, Inc.'s AUP (Acceptable Use Policy) and TOS (Terms of Service).

All provisions of this contract are subject to the AUP (Acceptable Use Policy) of iHwy, Inc.. The AUP may be changed from time to time at the discretion of iHwy, Inc.. The user understands that change to the AUP by iHwy, Inc. shall not be grounds for early contract termination or nonpayment.

Disclosure to Law Enforcement:

The AUP specifically prohibits the use of our service for illegal activities. Therefore, user agrees that iHwy, Inc. may disclose any and all user 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 user. In addition iHwy, Inc. shall have the right to terminate all services set forth in this Agreement.

Service Rates:

User acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to user. User is aware that iHwy, Inc. may prospectively change the specified rates and charges from time to time. Any promotional offer is contingent upon iHwy, Inc. achieving and maintaining its cost of service goals including but not limited to rates charged to iHwy, Inc. by its suppliers. In the event of an increase in pricing, iHwy, Inc. reserves the right to increase prices after any currently paid for expiration period. Notice of price increase shall be given at least 14 days prior to expiration date via email and posting in various applicable areas of this site.

Payment:

Establishment of service is dependent upon receipt by iHwy, Inc. of payment of stated charges. Subsequent payments are due according to the payment method and term selected during the account signup process. The above applies to all accounts and services provided by iHwy, Inc..

Past Due Payments and Fees:

Service will be interrupted on accounts that reach 7 days past due. Service interrupted for nonpayment may be subject to a $25.00 reconnect charge. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

Refunds and Disputes:

Hosting:

All payments for Monthly hosting are nonrefundable.
All payments for Custom hosting are nonrefundable.
All payments for one time setup fees are nonrefundable.

Refunds on Quarterly, Half Yearly or Annual hosting contracts are calculated on a pro rated basis to the nearest full month.

Examples of Pro Rate Calculation:

(a) If you purchase hosting (June 10th), on a monthly basis and cancel any time prior to expiration date (July 10th), you receive No Refund.

(b) If you purchase hosting on a half yearly basis (June 10th) and cancel before 5 days prior to the end of the first month (before July 5th) you will be charged for 1 month at the standard, non discounted rate and receive a refund for the balance less 10% cancellation fee.

(c) If you purchase hosting on a half yearly basis (June 10th) and cancel before 5 days prior to the end of the 3rd month (between Aug. 5th and Sept. 5th) you will be charged for 3 months at the Quarterly discounted rate and receive a refund for the balance less 10% cancellation fee.

All cancellations on specials and promotional offers are subject to the above terms plus a 15% cancellation fee.

Domains:

All payments for Domain Registration services are nonrefundable.

Other Services:
All payments for other services not listed above are nonrefundable unless specified in additional terms associated with the individual service.

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 iHwy, Inc.'s sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay iHwy, Inc. an "Administrative Fee" of not less than $20 and not more than $75.

Failure to Pay:
iHwy, Inc. may temporarily deny service or terminate this Agreement upon the failure of user to pay charges when due. Such termination or denial will not relieve user of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

Account Cancellation:
All requests for canceling accounts must be made at least 5 days prior to the due date via the appropriate form which can be found by logging in to the users account manager or via email to: .

The user acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of iHwy, Inc. and that damages resulting from any interruption of service are difficult to ascertain.  Therefore, user agrees that iHwy, Inc. shall not be liable for any damages arising from such causes beyond the direct and exclusive control of iHwy, Inc.. User further acknowledges that iHwy, Inc.'s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by user for services during the period damages occurred.  In no event shall iHwy, Inc. be liable for any special or consequential damages, loss or injury.

SPAM and Unsolicited Commercial Email (UCE):
iHwy, Inc. takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network.  Very simply this means that users of iHwy, Inc. may not use or permit others to use our network to transact in UCE.  Users of an iHwy, Inc. service 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 iHwy, Inc.'s SPAM policy will result in severe penalties.  Upon notification of an alleged violation of our SPAM policy, iHwy, Inc. will initiate an immediate investigation (within 48 hours of notification).  During the investigation, iHwy, Inc. may restrict user access to the account to prevent further violations.  If a user is found to be in violation of our SPAM policy, iHwy, Inc. may, at its sole discretion, restrict, suspend or terminate user's account.  Further, iHwy, Inc. reserves the right to pursue civil remedies for any costs, including costs for time spent associated with the investigation of a substantiated policy violation.  iHwy, Inc. will notify law enforcement officials if the violation is believed to be a criminal offense.

If you are found to have spammed, without warning, iHwy, Inc. reserves the right to disable your domain.  In addition, iHwy, Inc. may impose a $500 penalty plus $150 per hour costs for time spent associated with the investigation of each substantiated spam policy violation.  iHwy, Inc. solely reserves the right to refuse or cancel service to known spammers.  Lastly, iHwy, Inc. reserves the right to determine what violates this policy.  As such, any violation may result in cancellation of services without refund.

IP Address Ownership:
If iHwy, Inc. assigns a user an Internet Protocol address, the right to use that Internet Protocol address shall belong only to iHwy, Inc., and the user shall have no right to use that Internet Protocol address except as permitted by iHwy, Inc. in its sole discretion in connection with the Services, during the term of this Agreement.  iHwy, Inc. shall maintain and control all Internet Protocol numbers and addresses that may be assigned to user by iHwy, Inc., and iHwy, Inc. reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.

Bandwidth:
Any outbound traffic from your web site is considered data transfer.  Each time a html file, graphic file or any other element on your web page is loaded, data transfer is generated.

The bandwidth limits on our hosting packages are set as a General Guide Only.

We set these guides to what we believe is well above what is actually used on average for each package.  If your bandwidth each month is over these levels you will NOT have your hosting suspended or be charged extra for that month.  If you exceed your bandwidth guide on a continual and/or regular basis it is at iHwy, Inc.'s sole discretion to request that you upgrade to the next available hosting package level or purchase additional bandwith at the advertised or stated rate.

System and Network Security:
Users are prohibited from violating or attempting to violate the security of any iHwy, Inc. server.  Violations of system security may result in civil or criminal liability.  iHwy, Inc. 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 to access.
  • 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.

Notification of Violation:
iHwy, Inc. is under no duty to look at each 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 activities.

First violation: Any User, which iHwy, Inc. determines to have violated any element of this Terms of Service (TOS), shall receive an email, warning them of the violation.  The service may be subject at iHwy, Inc.'s discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

Second Violation: Users that iHwy, Inc. determines to have committed a second violation of any element of this Terms of Service (TOS) 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 a user'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:
iHwy, Inc. reserves the right to suspend account access to any user if, in the judgment of the iHwy, Inc. administrators, the user's account is the source or target of the violation of any of the other terms of the TOS and/or AUP or for any other reason which iHwy, Inc. chooses.  If inappropriate activity is detected, all accounts of the user in question will be deactivated until an investigation is complete.  Prior notification to the user is not assured.  In extreme cases, law enforcement may be contacted regarding the activity.  The user will not be credited for the time the user's accounts were suspended.

iHwy, Inc. reserves the right to amend its policies at any time.

Indemnification:
iHwy, Inc. wishes to emphasize that in agreeing to the iHwy, Inc. Acceptable Use Policy (AUP) and Terms of Service (TOS), user indemnifies iHwy, Inc. for any violation of the Acceptable Use Policy (AUP) and Terms of Service (TOS) that results in loss to iHwy, Inc. or the bringing of any claim against iHwy, Inc. by any third-party.  This means that if iHwy, Inc. is sued because of a user's activity, the user will pay any damages awarded against iHwy, Inc., plus all costs and attorney's fees.

Miscellaneous Provisions:
You must provide us with, and keep current, good contact information for you.  E-mail, telephone, and fax contacts are used, in that order of preference.  The information you provide must be true and correct and in some cases verification in the form of a valid drivers license, passport or business documents may be required.

A waiver by iHwy, Inc. of any breach of any provision of this Agreement by user 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.

The user shall not transfer or assign this Agreement without the prior written consent of iHwy, Inc..  iHwy, Inc. may assign Agreement at anytime without consent from or notice to user.  iHwy, Inc. reserves right to cancel users' rights under this contract at anytime without further obligation.

iHwy, Inc. takes no responsibility for any material input by others and not posted to the site by iHwy, Inc..  iHwy, Inc. is not responsible for the content of any other web sites linked to iHwy, Inc.; links are provided as Internet navigation tools only.  iHwy, Inc. 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.

iHwy, Inc. is not responsible for any damages your business may suffer.  iHwy, Inc. does not make implied or written warranties for any of our services.  iHwy, Inc. 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 iHwy, Inc..

It is absolutely forbidden to host pornographic content or IRC services on iHwy, Inc. servers.  Accounts found hosting this material will be subject to immediate cancellation without refund.

Responsibility for Content:
You, as an iHwy, Inc. user, are solely responsible for the content on your site.