Terms of Service

iNFRENION.com provides web hosting to many different kind of clients all over the globe. Therefore we have the responsibility to protect each of our clients and their interests and to provide the best services available. The following guidelines were designed to ensure that these obligations are met.
FURTHERMORE, these Policies, Guidelines, and Disclaimer are intended for all domains residing on iNFRENION.com servers or affiliates.

Content:
All services provided by iNFRENION.com may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless iNFRENION.com from any claims resulting from the use of the service which damages the subscriber or any other party.
Adult Material: Adult Material is allowed. If a website is found to contain illegal adult material, the
website will be terminated without notice.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or
content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended
immediately without notice.
Resellers: we will suspend the site in question and will notify you so you may terminate the
account. We will further monitor your activity; more than one infraction of this type may result in
the immediate termination of your account.
Direct customers: Your services will be terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to iNFRENION.com servers or any other server on the internet. Links to such materials are also prohibited.
We also do not allow sites with political content as 'hate sites', Nazi stuff, or sites that propagate political activity against specific races or countries - especially against the United States of America.
Examples of unacceptable material on all Shared, Reseller and Dedicated Servers include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming (more than one or two streams), locally hosted chat scripts, Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
Acceptable material on Dedicated Servers:
Proxy Scripts / Anonymizers, Image Hosting sites and muds / rpg's
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours.
We are not saying that your web site cannot contain such files as scripts (just one example), however if at any time they consume 5% or more of our systems resources you might be contacted to resolve the problem or if an emergency - your account would be disabled.
iNFRENION.com will be the sole arbiter as to what constitutes a violation of these terms.

Traffic Usage
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $3.00 for each gig of traffic exceeded. This amount is not prorated, this meaning that 1 mb - 1 gig will be treated and billed as the same. Your account will be suspended automatically by our systems in the case of that the traffic limit has been reached. This is to protect you in case a 3rd party is mis-using your account without proper permission (eg. somebody hacked your account) and b) to protect us as we are responsible for paying the increased amount of bandwidth to our wholesaler.
Commercial Advertising - Email: Spamming, or the sending of unsolicited email, from an iNFRENION.com server or using an email address or domain that is maintained on an iNFRENION.com machine as reference is STRICTLY prohibited. Selling software or services related to email advertising is prohibited, too.
iNFRENION.com will be the sole arbiter as to what constitutes a violation of this provision. Chat Rooms
We do not allow clients to install their own chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option. You can use the chat rooms provided through our control panel.
Background Running Programs. We may allow programs to run continually in the background. These are considered on a case by- case basis and an extra charge will be incurred based on system resources used and
operational maintenance needed.

IRC : We currently do not allow IRC or IRC bots to be operated on our servers.
Forums: You will be allowed to install any kind of Forums software. However - many cgi-based
applications may use more system resources than like PHP based software. We recommend the
use of applications like phpBB or vBulletin forum software. If necessary we will require you to
shut down the forum or move to a dedicated server.

Server Abuse:

Any attempt to undermine or cause harm to a server, or customer, of iNFRENION.com is strictly prohibited.

Refusal of Service:

We reserve the right to refuse, cancel, or suspend service at our sole discretion and with no further justification.
All Sub-Networks, distributive hosting sites and dedicated servers of iNFRENION.com must adhere to the above policies.

BILLING:
All due invoices should be paid by the due date on the respective invoice. As a courtesy we will send an email notification before the due date, at which point you will be required to make the payment for the due invoice within 24 hours. If we do not receive a response within 24 hours the account will be deactivated and any accounts under that account plan.
Account Deactivations:
Any account deactivated due to non-payment will be deactivated and we require a reactivation fee of $25.00 to be paid prior to reactivating the account.
Cancellation Refunds:
We DO NOT refund partial monthly fees to accounts canceling after their 30 day initial account activation period. Therefore only prepaid full monthly fees existing on account will be refunded.

Currency:
All prices are in US-Dollar and/or UK-British Pound. We are not responsible for any currency exchange fees of your credit card company or your bank.

LIMITATION OF LIABILITY:
iNFRENION.com shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from iNFRENION.com servers going off-line or being unavailable for any reason whatsoever. Furthermore, iNFRENION.com shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of iNFRENION.com servers. All damages shall be limited to the immediate termination of service. All clients are advised to pull regular backups of their sites. We cannot be held responsible for missing files, data or lost business out of this.
You agree to indemnify, defend, and hold harmless iNFRENION.com from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, iNFRENION.com, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.
Violations of these Acceptable Uses Policies should be referred to abuse@infrenion.com
All complaints will be investigated promptly. Failure to follow any term or condition will be reason for immediate account deactivation.

DISCLAIMER:
iNFRENION.com cannot be held liable for unexpected system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. We are currently functioning as a reseller for the web hosting services. Thus, certain equipment, routing, software, and programming used by iNFRENION.com are not directly owned or written by iNFRENION.com. We also depend on the services and terms of the Seller of these services. If any of our ToS is (for whatever reason) out of the ToS of the seller - the seller's ToS apply. Moreover, iNFRENION.com holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as iNFRENION.com sees fit. We cannot be held liable for
links to other sites placed on our systems by clients - the client/owner of a site is responsible for the content and activity of his/her site!

Uptime Guarantee:
If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of iNFRENION.com dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by individual services.
To request a credit, please contact sales@infrenion.com with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

Reseller: Client Responsibility
All support requests must be made by the reseller on their clients' behalf for security purposes.
Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. iNFRENION.com will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

Shared (non-reseller accounts) / Semidedicated Servers
Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. Semidedicated servers are not backed up. You must maintain your own backups.
Dedicated Servers. iNFRENION.com reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the
responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. iNFRENION.com reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the most simple solution. Please contact sales@infrenion.com if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.

Price Change:
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on iNFRENION.com, and the right to increase the amount of resources given to plans at any time Resource Usage

User may not:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")

INODES
The use of more than 50,000 inodes on any shared account may potentially result in suspension.
Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file on your account uses up 1 inode. Simply exceeding the limit does not constitute grounds for suspension however accounts that constantly create and delete large numbers of files on a regular basis or causing file system damage may cause your account to be flagged for review.

ACCOUNT ACTIVATION:
By activating your account with iNFRENION.com, you agree to the above policies and disclaimer.
Upon requesting an account activation, you are required to accept these policies, guidelines, and disclaimer and a copy of your acceptance is forwarded along with your activation request to be maintained within your account information.
NOTICE: If you sign up for an account and do not follow our terms. No refunds will be given. We will however let you know by email or phone before any action is taken and you will have a chance to solve the matter.
FURTHERMORE, iNFRENION.com retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification. We also retain the right to increase any pricing, and make changes to our account plans without notification. Our services may only be used for lawful purposes -- any use of these services which violates any laws which may apply to iNFRENION.com, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited. You also agree that you as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name. You agree to supply iNFRENION.com with a current and truthful name, postal
address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.
Money Back Guarantee: If you do not like our service during the first 30 days and you would like to move-on to a different web hosting provider we will refund your web hosting fees.
Unfortunately we are not able to refund the setup fees (if there are any) as this is a one-time fee to activate your account. The guarantee is also void if you used more than 2 GB bandwidth on your account. This is to protect iNFRENION.com from people who move from web host to web host by using similar guarantees to gain access to 'free' resources. 30 days as well as 2 GB bandwidth should give each customer enough time to test our services and performance of our support and of our servers. The 30 day money back guarantee only applies to web shared and reseller hosting services. Domain Name Registration, Dedicated servers or web design services or any other services we might provide are not included and not covered under this guarantee.

NOTICE:
**If your account is found to contain illegal activity, Illegal MP3 Files, Pirated software, hacker programs, Warez programs, or any other illegal files, your account will be terminated immediately without notice and a $25.00 Cancellation fee will apply. ** Also the proper federal (and your local) authorities will be notified of your actions.

Unless specified - none of the web hosting accounts includes the domain name registration fees.
The customer is responsible for registering his/her domain name at the registrar of his/her own choice. We recommend http://www.infrenion.com - ourself. This will allow you one-stop support for everything in regards to your web hosting needs.

Domain Registration:
We are an official Reseller for Enom Inc. Domain Registration fees are non-refundable. It is your responsibility to make sure that you have no spelling errors in the domain name when you register it. Please be advised that domain registrations through iNFRENION.com are governed by these terms.
**Please note: Domain Name Registration fees WILL NOT be refunded.**