This agreement represents the complete agreement and understanding between HostIowa.net
and the account holder (hereinafter called Customer) and supersedes any other written
or oral agreement. Upon notice published on-line via HostIowa.net services, HostIowa.net
may modify these terms and conditions, amplify them, and/or modify the prices, as
well as discontinue or change services offered.
If you do not agree to these terms and conditions, please notify us immediately,
so we can initiate a closure of your account. USE OF YOUR ACCOUNT shall constitute
your approval.
1. HostIowa.net makes no warranties of any kind, whether expressed or implied, for
the service it is providing. HostIowa.net also disclaims any warranty of merchantability
or fitness for a particular purpose. HostIowa.net will not be responsible for damages
the customer suffers. This includes loss of data resulting from delays, non-deliveries,
misdeliveries, or service interruptions caused by its own negligence, subscriber's
errors or omissions, or due to the fault of third parties.
2. Services provided to the Customer by HostIowa.net may only be used for lawful
purposes. Transmission or publication of any information, data or material in violation
of any Canadian or U.S. Federal or state regulation or law is prohibited. This includes,
but is not limited to, material protected by copyright, trade secret or any other
statute, threatening material or obscene material. HostIowa.net reserves the right
to remove any and all materials which infringe on copyright work.
3. Customer agrees to defend, hold harmless and expeditiously indemnify HostIowa.net
from any liability, claim, loss, damage or expense arising out of the indemnifying
party's breach or violation of any covenant contained in this Policy and resulting
from the Customer's use of the service.
4. HostIowa.net reserves the right to refuse service to anyone.
HostIowa.net reserves the right to cancel service for any reason without prior
notice. In case of cancellation, unused fees may be returned to the subscriber on
a pro-rata basis.
5. Additionally, CUSTOMER agrees not to utilize the HostIowa.net's service, equipment
or email address in connection with the transmission of the same or substantially
similar unsolicited message.
6. Customer agrees not to transmit, promote, or otherwise make available any software,
product or service that is either illegal or designed to violate this Agreement.
Such software, products or services include, but are not limited to, programs designed
to send unsolicited advertisements (i.e. "spamware") and services
which send unsolicited advertisements.
7. HostIowa.net requires that its agreements be made with a person who is qualified
to contract. As such, subscriber must be over the age of eighteen (18) years. Otherwise,
a parent or guardian must accept this agreement and enclose the proper payment.
HostIowa.net cannot accept payments from persons who are not at least eighteen (18)
years of age, nor can we accept agreements from persons who are not at least eighteen
(18) years of age.
8. Customer shall ensure that its use of HostIowa.net's network services shall not
disrupt HostIowa.net, its associated networks or equipment forming part of the systems.
In instances in which an excessive amount of system resources are utilized by a
subscriber, HostIowa.net reserves the right to place CPU process limits on the Customer's
account to prevent disruption of service to other customers. Customers shall not
transmit any communication where the meaning of the message, or its transmission
or distribution, would violate any applicable law or regulation or would likely
be offensive to the recipient thereof. No message may be mass distributed, "broadcast,"
or otherwise sent on an intrusive basis to any HostIowa.net user or to any directly
or indirectly attached network. Use of HostIowa.net's connection in a manner that
is disruptive, damaging, unlawful, offensive, or intrusive as determined by HostIowa.net
shall be considered a breach of this Policy and may result in cancellation of service.
This prohibition extends to sending of unsolicited mass mailings from another service
which in any way implicates the use of HostIowa.net's service, HostIowa.net's equipment
or any site hosted on any HostIowa.net network.
9. Customer warrants that any material submitted for publication on HostIowa.net
does not violate or infringe any copyright, trademark, patent, statutory common
law or proprietary interest of others or contain anything obscene or libelous. HostIowa.net
reserves the right to remove any and all materials which infringe on copyright work.
Such materials will be removed at any time upon receiving a complaint and or notice
of copyright infringement.
10. If HostIowa.net becomes aware of material that could be infringing on a third
party's copyright, it will initiate an investigation. To conduct an investigation
of copyright infringement, the Complainant must submit at least two items. First,
Complainant must submit a claim in writing with the applicable copyright or trademark
registration number and a copy of the underlying copyrighted work along with the
Customer's materials. Second, Complainant must offer a good faith certification
signed under penalty of perjury. This certification must state that the work is
the property of the Complainant, that the work has been copied and that use of the
work is not defensible. With this information in-hand, HostIowa.net, at its discretion,
may, at any time deny access to the challenged material of Customer.
11. HostIowa.net will not host any web site with PORNOGRAPHIC contents
or any CASINO sites.
12. Use of other organizations' networks or computing resources is subject to their
respective permission and usage policies.
13. Use of HostIowa.net's hosting services could involve listing subscriber's participation
in relevant directories, and subscriber expressly grants permission for such listings.
Any user that causes extreme bandwidth usage will be responsible for the excess
cost to HostIowa.net.
14. Transferring your domain to another provider does not constitute canceling your
HostIowa.net account. You must notify HostIowa.net to formally cancel your account
with HostIowa.net to avoid further charges.
15. Account Fees will be applied for [a] credit card transactions (3.5%) [b] returned checks ($30)
[c] late payment fees (22% APR). Checks postmarked prior to the invoice due date will not be assessed late payment fees.
16. HostIowa.net services are provided on prepaid basis. All payments have to be
made before beginning of the month. In case of nonpayment of an account within a
specified time, HostIowa.net may levy a fine or cancel an account.
17. On occasion, HostIowa.net may have a need to communicate with its customers
through e-mail issues related to billing, as well as changes, additions and modifications
to the network. It is the responsibility of the customer to check e-mail sent to
the primary login e-mail address on the account.
18. It is the responsibility of the customer to contact HostIowa.net of any changes
to their account, such as phone number, address, credit card information, etc. Customers
will be required to provide verification for security purposes authorizing them
to make any changes to that account.
19. All customers are required to pay one month in advance. If a customer does not
pay 30 days after invoice, this credit will count as final payment and service will
be discontinued. This credit will be refunded or counted as a final payment if in
good-standing. Cancellation on a pre-paid plan will result
in billing for the fully completed year's billing level then monthly billing remainder.
Example: Purchase 4 year "Basic Plan" cancelled in 14th month would result in
refund of $114 ($96 rate for first year + 2 months @ $15/month).
20. HostIowa.net is NOT responsible for any content on any web site they host. This
includes, but is not limited to, any warranties, representation, or offensive material.