TERMS OF SERVICE
The use of services from i4 Asia Incorporated constitutes agreement to these terms.
ACCOUNT SETUP, EMAIL ON FILE, AND TRANSFERS
We will setup your account after we have received payment. It is your responsibility to provide us with an email address which is not at the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account.
Our transfers team will make every effort to help you move your site to us, however, we can not make any guarantees with regards to the transfer process. We can not make guarantees regarding the amount of time it may take as each host is configured a little differently. We will try our best, however, in some cases we may be unable to assist you in a transfer of data from an old host.
CONTENT
All services provided by i4 Asia may only be used for lawful purposes. The laws of the Republic of the Philippines apply.
The customer agrees to indemnify and hold harmless i4 Asia Incorporated from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes, but is not limited to, unauthorized copying of music, books, photographs, or any other copyrighted works. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please contact us with as much information as needed in order to verify your claim. If the request is of a licensing issue, we may require further documentation.
Examples of unacceptable material include, but is not limited to:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming (more than one or two streams), 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. Forums and or websites that distribute or link to warez content are prohibited.
We reserve the right to refuse service to anyone. Any material that, in our judgement, 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.
If in doubt regarding the acceptability of your site or service, please contact us and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography.
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Violations will be reported to the appropriate law enforcement agency.
ZERO TOLERANCE SPAM POLICY
We take a zero tolerance stance against sending of unsolicited email, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
i4 Asia reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
i4 Asia reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of i4 Asia.
PAYMENT INFORMATION
You agree to supply appropriate payment for the services received from i4 Asia, in advance of the time period during which such services are provided. You agree that until and unless you notify i4 Asia of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Cancellations must be done in writing. Once we receive your cancellation and have confirmed all necessary information with you via email, we will inform you that your account has been cancelled. At this time, your account with us has been cancelled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately.
As a client of i4 Asia, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. i4 Asia provides a 10 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 10 days and not paid will result in a late fee and/or an account suspension until account balance has been paid in full.
i4 Asia reserves the right to change the monthly payment amount and any other charges at anytime.
BACKUPS AND DATA LOSS
Your use of the service is at your sole risk. i4 Asia is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on i4 Asia servers.
CANCELLATION AND REFUNDS
i4 Asia reserves the right to cancel the account at any time with or without notice.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
Customers may cancel at any time via written notice. i4 Asia does not give refunds.
RESOURCE USAGE
You 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). |
| d) | Run any software that interfaces with an IRC (Internet Relay Chat) network. |
| e) | Run any BitTorrent 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 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 account may potentially result in suspension. 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.
BANDWIDTH AND DISK USAGE
You are allocated a monthly disk space and bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth or disk space is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
PRICE AND PLAN CHANGES
We strive to give our clients the best price for our services. However, we reserve the right to change prices, and the right to increase the amount of resources given to plans at any time.
INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold i4 Asia harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against i4 Asia, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless i4 Asia against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with i4 Asia; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from i4 Asia's server.
CHANGES TO THIS TERMS OF SERVICE
i4 Asia Incorporated reserves the right to change this Terms of Service from time to time, in whole or in part, without notice to you. You should check back often so you are aware of your current rights and responsibilities. Your continued use of our services after changes to the Terms of Service have been published constitutes your binding acceptance of the updated Terms of Service.
DISCLAIMER
I4 ASIA SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. I4 ASIA MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, FOR SERVICES WE PROVIDE. I4 ASIA DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NO DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY I4 ASIA AND ITS EMPLOYEES.
JURISDICTION
This agreement and all claims relating to the relationship between the parties are governed by the laws of the Republic of the Philippines.
If one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.
DISCLOSURE TO LAW ENFORCEMENT
i4 Asia may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.
We will cooperate fully with law enforcement agencies.
HOW TO CONTACT US
If you have any questions or concerns about this Terms of Service please do not hesitate in contacting us:
By Email: legal@i4asiacorp.comBy Mail:
i4 Asia Incorporated
Unit 2014 Strata 100 Building
F. Ortigas Jr. Road, Ortigas Center
Pasig City Metro Manila
Philippines 1605
This Terms of Service was last amended on May 26, 2011.
