Innerplanet Acceptable Use Policies

 

These are the Acceptable Use Policies (AUP) of Innerplanet. All clients of Innerplanet must abide by these policies. Innerplanet reserves the right to change
and update these policies as it sees necessary.

 

Introduction

 

The primary purpose of Innerplanet is to facilitate communication with the numerous computer networks commonly referred to collectively as "the Internet." It is Innerplanet's intention to allow Innerplanet users complete access to everything the Internet has to offer, with minimal or no interference from Innerplanet.

To this end, Innerplanet has developed these Acceptable Use Policies. They are intended to inform Innerplanet's Customers of what Innerplanet considers to be acceptable conduct in relation to the Internet, and to inform Customers what actions Innerplanet may take, with or without notice, in the event that Innerplanet becomes aware of inappropriate use of Innerplanet's service. This AUP will be used to help Innerplanet system administrators deal with complaints from users of Innerplanet or other Internet-connected systems, and to determine when action should be taken. It is expected that all Innerplanet Customers will follow the policies set forth herein. These policies are drawn from applicable law and generally accepted standards of Internet conduct, and are intended to ensure protection of Innerplanet's technical resources, ability to continue to provide high quality service to its customers, and the protection of Innerplanet's reputation as a service provider.

1.Warranties/Disclaimers


To this end, Innerplanet has developed these Acceptable Use Policies. They are intended to inform Innerplanet's Customers of what Innerplanet considers to be acceptable conduct in relation to the Internet, and to inform Customers what actions Innerplanet may take, with or without notice, in the event that Innerplanet becomes aware of inappropriate use of Innerplanet's service. This AUP will be used to help Innerplanet system administrators deal with complaints from users of Innerplanet or other Internet-connected systems, and to determine when action should be taken. It is expected that all Innerplanet Customers will follow the policies set forth herein. These policies are drawn from applicable law and generally accepted standards of Internet conduct, and are intended to ensure protection of Innerplanet's technical resources, ability to continue to provide high quality service to its customers, and the protection of Innerplanet's reputation as a service provider.

1. 1 UNDER NO CIRCUMSTANCES SHALL INNERPLANET BE LIABLE FOR ANY INCIDENTAL, UNCONSEQUENTIAL, OR CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF INNERPLANET WAS INFORMED OF OR OTHERWISE AWARE OF THE POSSIBILITY THEREOF. In no event shall Innerplanet's liability for direct damages incurred for any reason and upon any cause of action arising from or relating to this Agreement or the subject matter hereof exceed the fees paid to Innerplanet by Customer hereunder in said term in which the damages are incurred.

1. 2 Innerplanet warrants that the services it performs in maintaining its Internet services will be rendered in a competent, professional manner. Innerplanet does not warrant and specifically disclaims any representations that its Internet service will meet Customer's requirements or that their use will be uninterrupted or error-free. EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPH, INNERPLANET DISCLAIMS ALL OTHER EXPRESSED WARRANTIES AND ALL WARRANTIES, DUTIES AND OBLIGATIONS IMPLIED IN LAW, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Innerplanet's limited warranty set forth herein is in lieu of all liabilities or obligations of Innerplanet for damages arising out of or in connection with its Internet services.


1. 3 Innerplanet is not obligated to verify the accuracy of any information contained on customer's page or verify that the information is any other way proper and acceptable, provided, however, that Innerplanet reserves the right to:

·A.) Modify or delete any information or graphics supplied by Customer in order to comply with current and future technical limitations and business requirements of the Internet service.

· B.) Modify, delete or suspend dissemination or display of any information or graphics supplied by customer if Innerplanet receives any complaints about customer's information or advertising:
- (i) being false, deceptive, unfair or inaccurate;
- (ii) violating another's intellectual property right; or
- (iii) containing language which defames or libels another or another's works.

C.) Suspend dissemination and display of the Customer's Internet page, if customer has not made a payment as required by this Agreement, or if Innerplanet determines that the information on the Customer's Internet page will damage the reputation of Innerplanet.

2. Security

The Customer is responsible for all use of the Customer's account's and confidentiality of passwords), including choosing safe passwords and ensuring file protections are set correctly. Innerplanet will suspend access or change access to Customer's account(s) immediately upon notification by Customer that Customer's password has been lost, stolen or otherwise compromised. Innerplanet is not liable for any usage and or charges prior to Innerplanet making the necessary account alteration. Electronic mail on this system is as private as we can make it. Innerplanet's Customers are reminded that no computer network can ever be considered completely safe from intrusion. E-Mail may pass through many computer systems, and should not be considered a secure means of communication unless encrypted – and even encrypted information is only as secure as the encryption method utilized.

 

3. Personal Files

Innerplanet is not responsible for any customer's personal files residing on Innerplanet. The customer is responsible for independent backup of the customer's data that is stored on Innerplanet. Innerplanet reserves the right to delete any customer 's personal files after one or both parties terminates the service agreement between Innerplanet and the customer. Innerplanet is not responsible for any loss or deletion of customer's data including database content. Innerplanet will back up data on a daily basis, but customer is ultimately responsible for his/her own data backup.

 

4. Non-Transferability of Account

The right to use Innerplanet's Internet service is not transferable. Use of Innerplanet accounts is expressly limited to the individual or business whose name appears on the account and dependents of the account holder living at the same address.

5. Network Address Ownership

Any network address assignments issued by Innerplanet (i.e., IP addresses and Class C address space) are the property of Innerplanet and are considered to be loaned to its customers. In the event service with Innerplanet is discontinued for any reason, such addresses will revert to Innerplanet. If a Customer of Innerplanet participates in a service of Innerplanet which provides for a unique Domain Name System (DNS) entry, the Customer will retain ownership of the assigned Domain Name, but not the IP address to which it was assigned by Innerplanet.

6. Compliance with all Laws

Customer agrees to use the service in a manner consistent with any and all applicable laws and regulations of the United States of America, the state of Washington, and the Customer's locality. Reproduction or transmission of any material in violation of any local, state, U.S., or international law or regulation is prohibited. The Customer agrees that any material to be reproduced or transmitted on Innerplanet's service through Customer 's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene, libelous or threatening. Software intended to facilitate any such violations or infringements may not be stored on Innerplanet. The Customer shall defend, indemnify and hold harmless Innerplanet from and against any claims, liabilities and expenses, including attorney fees, resulting from any Customer's use of the Innerplanet service or a Customer's account in an unlawful manner or otherwise in violation of or contrary to the Customer's Agreement with Innerplanet or Innerplanet's Acceptable Use Policies. At Innerplanet's discretion, Innerplanet may revoke any Customer's access to Innerplanet services or accounts for inappropriate usage.

Customer represents and warrants to Innerplanet that Customer owns or otherwise has the right to display and disseminate the information and content provided on the Customer's Internet page, and that such information and content does not infringe on the intellectual property rights of any third party. Customer represents and warrants that it has obtained, and currently has, any and all grants of rights from third parties which may be required to display text, graphics or other materials in the information contained on Customer's Internet page.

7. Unacceptable Conduct

The following types of conduct are grounds for immediate suspension of service pending investigation by Innerplanet and may result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic. In addition, Innerplanet reserves the right, where feasible, to implement technical mechanisms which block multiple postings by a Innerplanet Customer as described in (a) and (b) below before such postings are forwarded:

(a) Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 20) or continued posting of articles which are off-topic, according to the newsgroup charter, or which provoke complaints from the regular readers of the newsgroup for being inappropriate, including articles used for marketing or promoting a site which resides on the Innerplanet network (Inappropriate Postings).

(b) Sending Unsolicited Business Emails (Spam) from Innerplanet's Network. Spam is defined as 600 or more unsolicited messages sent simultaneously.

(c) Distribution of Viruses either through (but not limited to) email or embed html code. Intentional attempts to causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited.

(d) Continued harassment of other individuals on the Internet after being asked to stop by those individuals and/or by Innerplanet.

(e) Mail bombing, i.e., sending large volumes of unsolicited E-Mail to individuals or to individual business accounts.

(f) Impersonating another user or otherwise falsifying one's user name in E-Mail, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)

(g) Privacy violations: Attempts, whether successful or not, to gain access to any other system or users' private data without express consent of the user.

(h) Use of IRC bots or clonebots on Innerplanet, whether on IRC servers controlled by Innerplanet or by other parties. An IRC bot is a program which runs and is connected to an IRC server 24 hours a day, automatically performing certain actions.

(i) Network unfriendly activity: Attempts to interfere with the regular workings of Innerplanet's systems or network connections or which adversely affect the ability of other people or systems to use Innerplanet services or the Internet, including, but not limited

(j) Any activity which violates the laws or statutes of the United States.

(k) Engaging in either Inappropriate Postings (a) or Spam (b) from a provider other than Innerplanet for the express purpose of marketing a site which resides on the Innerplanet network, or promoting a site on Innerplanet's network through Spam from a non-related network. These tactics are defined as Spamvertisement.

8. Excess Utilization of System or Network Resources

Innerplanet account descriptions in some cases may specify limits on bandwidth, CPU and disk utilization for certain types of Customers, and use up to these limits is included in the price for that type of Customer. In the event Innerplanet determines that a Customer is exceeding the bandwidth, CPU and/or disk utilization limits, the Customer will be notified by E-Mail. If the excess use continues for more than 12 hours after such notification, the Customer may be requested to upgrade to a web hosting service agreement or to modify the activity creating the excess use. If excessive bandwidth, CPU or disk space utilization is determined by Innerplanet to adversely affect Innerplanet's ability to provide service for all customers, immediate action may be taken to alleviate the problem. In such event, the Customer will be notified by E-mail as soon as practicable.

9. Compliance with Rules of Other Networks

Any access to other networks connected to Innerplanet's Internet service must comply with the rules for that other network as well as with Innerplanet's rules.

10. Monitoring/Privacy

Innerplanet reserves the right to monitor any and all communications through or with Innerplanet facilities. Customer agrees that Innerplanet is not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that no expectation of privacy is afforded. It may become necessary for Innerplanet employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred. Innerplanet also reserves the right to access a Customer's mailbox or other files stored on Innerplanet systems to resolve system problems or mail system errors.

11. Cooperation with Authorities

Innerplanet reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity including, but not limited to, illegal transfer or availability of copyrighted material, postings or e-mail containing threats of violence or other illegal activity.

12. Confidentiality of Personal Subscriber Information

Innerplanet will not release a Customer's personal subscriber information, nor a Customer's billing information, to any third party except upon presentation of a valid court order of a government or entity within our jurisdiction. Customer agrees that Innerplanet's judgment as to the validity of any court order of subpoena shall be considered proper and final.

13. Innerplanet's Right to Suspend or Cancel Account

Innerplanet reserves the right to suspend or cancel service to a Customer at any time and without notice, for any reason, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of Innerplanet that the Customer may be performing activities harmful to Innerplanet or its Customers, employees, vendors, business relationships or any other users of the Internet.

14. Innerplanet's Right to Refuse, Suspend, or Cancel accounts containing links to countries on the US embargo list

Innerplanet reserves the right to suspend or cancel service without refund to any Customer at any time that knowingly links to Iran, Libya, Cuba, North Korea, Syria, or any other Country to which the U.S. has embargoed goods. Innerplanet will no longer accept new accounts that contain links leading to websites within these countires.

15. Right to Damages

Innerplanet reserves the right to collect damages (software, hardware and man hours) if any harm is done to Innerplanet which requires repair or reconfiguration of any kind.

16. Other Remedies/Non-Waiver

Nothing contained in these policies shall be construed to limit action Innerplanet may take or remedies available to Innerplanet in any way with respect to any of the described conduct. Innerplanet reserves the right to take any additional actions Innerplanet may consider appropriate with respect to such conduct, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Innerplanet service, and levying cancellation charges to cover Innerplanet's costs in the event of disconnection of dedicated access for the causes outlined above. In addition, Innerplanet reserves at all times all rights and remedies available to Innerplanet with respect to such conduct at law or in equity. Non-enforcement of any policy or rule herein does not constitute consent or waiver, and Innerplanet reserves the right to enforce such policy or rule at its sole discretion.

17. Innerplanet's Right to Change Service

Innerplanet reserves to right to change without notice the Innerplanet service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.

18. Innerplanet's Right to Modify its Acceptable Use Policies

Innerplanet may modify its Acceptable Use Policies upon notice published online via Innerplanet. Customer's use of Innerplanet services after such notice shall constitute Customer's acceptance of the modifications to these policies.

19. Indemnifications

Customer agrees to defend, indemnify and hold harmless Innerplanet and its owners, officers, shareholders, directors, employees, affiliates and subsidiaries from and against any and all claims, demands, liabilities, proceedings, damages, injuries, losses, costs and expenses (including, without limitation, reasonable attorneys' fees) arising out of or relating to:

A.) Any acts or omissions by Customer undertaken in connection with the Internet page, including, without limitation, those arising out of or related to any branch of:

(i) any Customer warranties, representations, or covenants hereunder;

(ii) inaccuracy of any information, including false advertising claims and unfair competition claims;

(iii) claims and investigations made by any Federal or State agency arising out of information contained on the Customer's Internet page.

B.) Violations of any third-party intellectual property rights, or any claim of infringement, misappropriation or violation of a right of a third party (including, without limitation, a trade secret claim, a defamation or libel claim, or an obscenity claim).

20. Miscellaneous Provisions

19.1 - Prevention of Performance
The parties shall not be liable for any delay or failure of performance of this Agreement if such failure is caused by acts of God, war, governmental decree, power failure, judgment or order, strike, communications failure, equipment of software malfunction, or other circumstances, whether or not similar to the foregoing, which are beyond the reasonable control of such party.

19.2 - Entire Agreement
This instrument embodies the whole agreement between the contracting parties. There are no promises, representations, conditions, or terms other than those contained herein.

19.3 - Severability
The provisions of this Agreement are severable. If any provision is determined by a court of competent jurisdiction or a governmental regulatory entity to be invalid or unenforceable, in whole or in part, that provision shall be construed or limited in such a way as to make it enforceable, consistent with the manifest intentions of the parties. If such a construction or limitation is not possible, the unenforceable provision will be stricken, and the remaining provisions of this Agreement will remain valid and enforceable.

19.4 - Amendments
No modification, change, or alteration of this Agreement shall be effective unless in writing and signed by the parties hereto.

19.5 - Waiver
Failure by either party to insist upon the strictest performance or observance of any provision of this Agreement or to exercise any right or remedy arising out of this Agreement shall not be construed as a waiver of any right or remedy with respect to any existing or subsequent breach or default.

19.6 - Notices
Any and all written notices, communications, or payments shall be made to the respective parties at their addresses indicated in the first paragraph of this Agreement or at such other address as a party may indicate in a written notice to the other party to this Agreement.

Billing Policies

All customers of Innerplanet must abide by all the terms set forth in this and all other policies. Violation of any of these terms can and will result in the immediate termination of an account with no refund including any pre-payment. Billing payment is due on the anniversary of the sign-up date. Product prices are subject to change in the future, but are guaranteed for current customers.

1. Payments via Credit Card:
Innerplanet accepts payment via Visa, Master Card and American Express. Usage of a credit card indicates an authorization to cover all future monthly or pre-arranged payments fees. Credit cards will be charged on the anniversary of the sign-up date.

2. Payments via Check:
Innerplanet no longer accepts payments via check.

3. Payments via International Checks:
Innerplanet no longer accepts payments via check.

4. Late Payments:
When customer payments are late and we receive no response to our late payment emails, the account will be will be suspended. The customer will have the option of reactivating the account after paying the full amount of the invoice due and any late fees that may have been added.

5. Accounts with Non-Usable credit cards:
Credit cards on file are non-usable when any of the following occur:
a. The card has expired;
b. The card declines our charges for any reason;
c. The card is reported lost or stolen;
d. The card is declared invalid by our processing system.
If a credit card payment fails, the customer will be sent an e-mail and/or postal notice with 5 days to rectify the situation either with a new payment method or by updating the credit card information. The customer’s account(s) will be suspended 5 days after notice has been sent if there is no payment made. The customer will have the option of reactivating the account after paying the full amount of the invoice due.

6.Frequently Delinquent Policy:
Innerplanet considers a customer to be "frequently delinquent" after the third past due or credit card problem notice within any one year period. Customers who become "frequently delinquent" are required to have a positive account balance at all times to receive continued service. On the 30th day of any month, a "frequently delinquent" customer must have enough money in his/her account to cover the next month’s hosting fee. When a "frequently delinquent" customer fails to have sufficient funds to pay for the next month of service, the account will be suspended immediately and the account will remain suspended until the end of the month and cancelled if there is no payment made. This policy applies to all payment methods. This policy is non-negotiable.

7.Cancellation Policy:
A cancellation will only be accepted if it is done by the following method:
Customer must login to the billing area and request the cancellation from the link provided.
When a cancellation request is made, Innerplanet will immediately remove all configuration information as well as all contents of the account. This will include any unread e-mail left on the Innerplanet servers.

8. Refund Policy:
If an account is canceled within the first 60 days of service, the customer will receive a full refund of all account fees except overages, extra services and domain names. This 60 day policy shall include the 30th day. Any over usage fees including but not limited to additional bandwidth will not be refunded.
Innerplanet stands behind the products and services that we offer 100%. You won't find a more attentive and friendly web host anywhere. However, if you want to cancel in the first 60 days after signup, all Innerplanet plans carry a full 60 day money back guarantee. If for any reason you are not completely satisfied with our services within the first 60 days, we will gladly issue a refund excluding any add-on services such as installation fees, bandwidth overages, additional disk space, design charges.

The 60 day money back guarantee does not apply to reseller's resold accounts, or any fees associated with these accounts.
Domain name registration fees are globally non refundable and therefore we can not give any refunds once we've registered your domain name. This guarantee also does not apply to customer's inability or failure to learn basic website administration skills.

Accounts terminated by Innerplanet for violation of our Acceptable Use Policies will not qualify for this or any other guarantee. If you have any questions regarding our 60 Day Money Back Guarantee please contact us here.
Any request for cancellation must be received from the account originator's email and must include domain name, username and password. A confirmation of cancellation will be emailed to you upon completion.
No refunds will be available after 60 days.

9. Refunds after the first 60 days:
No refunds will be given after 60 days.

10. Billing Records:
The customer is responsible for keeping records current at all times. Innerplanet is not responsible for actions that are taken as a result of customer’s failure to respond to Innerplanet notifications.

Our unlimited plans

How can we do this? I thought there was no such thing as unlimited hosting?

Innerplanet is utilizing a very large redundant drive array (BluArc) where our client’s data is spread across literally hundreds of hard drives. This in itself enables us to scale up and down as needed. That being said, our Mercury plan should be seen as unrestricted and not infinite, because there are still indirect limits in place. We do need to make sure that we are providing all of our customers with the best service as possible and everyone at Innerplanet have come to know. Because of this, we require all customers to utilize disk space and bandwidth related to the normal operation of a personal or small to medium website. What normal usage means:

Normal usage means that you operate a personal or small to medium website that utilizes resources in a manner similar to most of our other customers. This
includes not affecting the server load in any way that will impact anyone else.

What "Unlimited" means.

Innerplanet does not set a limit on the amount of space and bandwidth an account can use when on our “Unlimited Mercury” plan. This unlimited Hosting Plan and any future unlimited plans we add are designed solely for personal, small or medium websites under normal* usage. Our unlimited plans are absolutely not designed for large level company applications.
Our Mercury plan is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server. You should consider a virtual private server or dedicated server for this reason.

What "Unlimited" DOES NOT mean:

You cannot use your account for backing up your files of any kind. Archiving of electronic files, emails, documents, log files, are not permitted. You cannot use our unlimited plans for media file streaming/sharing hub. Reselling any of the unlimited accounts or resources is strictly prohibited. Large file repositories such as large image galleries are not permitted as well as software distribution.

At Innerplanet, we want you to have the amount of resources you need however since this plan is on a shared hosting environment; Any account found to be adversely affecting the performance of other customers' accounts by excessively using network bandwidth, server storage, memory, CPU resources or severely raising the server load for any reason will be contacted right away to rectify the issue. A single account cannot use more than 5% of a system's total resources for a short period with a shared package or will be subject to suspension until resource usage has been reduced/recified.

Regarding storage: We will supply you with a large amount of space at signup. If you need more space simply ask! You can contact us at any time and we will be glad to add as much as needed right away.
So what is the bottom line?
Basically, don’t abuse the system! Be nice to your neighbors. If you put a large load on the system and it slows the whole server down, or somehow affects other customer’s accounts you will be contacted to rectify the problem.