Terms of Service (TOS) Febuary 15, 2007 - 2010

THIS AGREEMENT BETWEEN IwhiC.Com and you where “you” is referred to as (“Account Holders "Users", “Members”, “Customers”, or “Subscribers”)
WHEREAS IwhiC.Com agrees to furnish IT - internet based services associated with web sites, web hosting, and domain registration to the User. Use of IwhiC.Com Service constitutes acceptance and agreement to IwhiC.Com's policies are subject to the terms above and as follows:

Content :
At IwhiC.Com, we strongly prohibit the use of any our service for any illegal activities.
Although we are a global web hosting service provider, all our subscribers must be in accordance with U.S. Federal, State and local laws. Ultimately you, the customer, are solely responsible for the content stored on your IwhiC.Com account.
User shall not include content, or internet links to content on the Site that contain, promote or involve any of the following. Examples include but are not limited to:

  1. Child Pornography
  2. Hate content
  3. Threatening, racial, or otherwise abusive content.
  4. Any and all content inciting, instructing, or promoting illegal activities.
  5. Fraud, MLM (Multi-Level Marketing), Pyramid schemes, or any other activities deemed to be fraudulent.
  6. Hacking/cracking, cracks, spam software or any material that contains a virus or any other harmful code.
  7. Abuse towards our staff or other clients on our network is not tolerated. Your account and all associated will be suspended pending termination after review. Slander about IwhiC.Com over the internet is grounds for account termination. 
  8. The term Un Metered / Unlimited applies to files that are needed to host your website and or business. This means we will not monitor and put a number on the amount you use. You do not have unmetered or unlimited ram or cpu. Use of our servers prohibits the storage of home computer files / mp3,4 / Mass storage of software / movies / your account can host files pertaining to your website and or clients as long as they are not movie files or mp3s those are not allowed. 
  9. Seeding torrents / Bit Torrents are not allowed
  10. If your account is hosted on our shared server and not a vps or dedicated server,you are subject to a 20% server use policy. No one account can maintain server cpu usage that last longer than 1 1/2 Minutes that exceeds 20% of the server available power. 
  11. Master Resellers and Resellers are to provide tier 1 support to their clients. We will not directly support your clients. You may open a support ticket and a support staff will be glad to assist if you can not provide the support needed.
  12. Shout cast or streaming media is prohibited.
  13. Hosting videos, or mp3s on the server is strictly prohibited.
  14. We do not allow any kind of THREAT, ABUSIVE and BAD WORDS on live chat with our sales or techs or on trouble tickets.

Our Reseller and Master Reseller accounts are not permitted to run or sell proxys. We have separate hosting for proxy accounts. You must buy a proxy plan to host proxys.

Offering free hosting sites are strictly prohibited. 
We keep the right to remove or suspend account which has one of above stuffs without any prior notice.

Payment :
Establishment of service is reliant upon receipt by the Company of payment of affirmed charges. Following payments are due on the anniversary date of the month for that month's service.

Payments and Fees :
Accounts that reach 5 days past due will be suspended and are subject to a late fee. Accounts that are not collectible by IwhiC.Com may be turned over to an outside collection agency for collection. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. Proxy and VPS and dedicated server do not have a 5 day grace period they may be suspended at any time after non payment.
Dedicated servers cancellation must be done 15 days before due date, or you will be responsible for the invoice that comes due.
Dedicated Server payments are NON-REFUNDABLE.

Failure to Pay :
The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. 
Master reseller, reseller accounts that fall into the above non payment t.o.s are subject to IwhiC taken on and providing your left over resellers and hosting accounts with service with IwhiC. Upon no contact from you after 10 days of your account being suspended for non payment and NO contact from you to IwhiC sales. We will email your existing clients and allow them to stay on our server's and transfer their billing to IwhiC. This again is after 10 days of neglect to contact us and 10 days of non payment. All accounts will be terminated off the servers after 10 days of non payment.

Account Cancellation :
Requests for canceling accounts may be made in writing or through the help desk system. You must cancel 7 days before billing for hosting, and 15 days for dedicated and VPS hosting. If you fail to cancel before then any subscription payments made are non refundable if you forget to cancel that.
IwhiC.Com’s preferred method of cancellation is via the help desk of your IwhiC.Com account. Please log into the help desk and you can request to have your account canceled.

Disclosure to Law Enforcement :
At IwhiC.Com, we specifically forbid the use of our service for any unlawful activities. Therefore, User agrees that the Company may reveal any and all subscriber 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 Subscriber. In addition IwhiC.Com shall have the right to terminate all service set forth in this Agreement.

Support Boundaries :
IwhiC.Com, provides 24 x 7 x 365 technical support to our subscribers and our staff is limited to our area of expertise.
The following are our guidelines when providing support :
- IwhiC.Com does not offer tech support for application specific issues such as cgi programming, html or any other such issue.
- IwhiC.Com does not support third party software / application / forum / coding / scripting (installation/optimizing/tweaking)
- IwhiC.Com does not provide technical support for YOUR customers. You need to submit a ticket at helpdesk.

SPAM and Unsolicited Commercial Email (UCE) :
IwhiC.Com takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of IwhiC.Com may not use or permit others to use our network to transact in UCE. Customers of IwhiC.Com 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 IwhiC.Com's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, IwhiC.Com will initiate an immediate investigation (within 48 hours of notification). During the investigation, IwhiC.Com may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, IwhiC.Com may, at its sole discretion, restrict, suspend or terminate customer's account. Further, IwhiC.Com reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. IwhiC.Com will notify law enforcement officials if the violation is believed to be a criminal offense.
As our Customers are ultimately responsible for the actions of their clients over the IwhiC.Com network, it is advisable that customers develop a similar, or stricter, policy for their clients. Resellers that have repeated abuse complaints (from their clients) may have their reseller account suspended or terminated with out warning.

Network :
Bandwidth and Disk Usage :
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). IwhiC.Com will monitor Customer's bandwidth and disk usage. IwhiC.Com shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in IwhiC.Com's sole and absolute discretion. If IwhiC.Com takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, IwhiC.Com may, at its sole discretion, collect a deposit, in an amount determined by IwhiC.Com
What is not allowed in Disk Usage :
* Copyrighted content that you are not the holder of
* Archive / Sharing / File Upload / Backup / Distrubutions Sites / Image Upload Sites
* A Site to drive traffic to another sites
System and Network Security :
Users are prohibited from violating or attempting to violate the security of the IwhiC.Com Network. Violations of system or network security may result in civil or criminal liability. IwhiC.Com 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 :
IwhiC.Com is under no duty to look at each customer's or user's activities to determine if a violation of the TOS has occurred, nor do we assume any responsibility through our TOS to monitor or police Internet-related activities.
IwhiC.Com reserves the right to suspend or terminate any account in violation with out warning or notification.

Miscellaneous Provisions :
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
IwhiC.Com takes no responsibility for any material input by others and not posted to the IwhiC.Com Network by IwhiC.Com. IwhiC.Com is not responsible for the content of any other web sites linked to the IwhiC.Com Network; links are provided as Internet navigation tools only. IwhiC.Com 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.
IwhiC.Com is not responsible for any damages your business may suffer. IwhiC.Com does not make implied or written warranties for any of our services. IwhiC.Com 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 IwhiC.Com.
It is absolutely forbidden to have IRC servers on any of our services. Accounts found hosting this material will be subject to immediate cancellation without refund.

Refunds and Guarantees :
Money back guarantee on all our web hosting plans and packages (except dedicated servers) :
To prove to you how confident we are in our services, we will offer you a 14 day money back guarantee on web hosting plans and packages. Proxy hosting is subject to a 14 day prorated refund on the amount not used. Domain name registration and transfers are non-refundable. If for any reason you are not completely satisfied with our services and cancel your account within the initial 14 days from the l order date of your account (must use the cancel account feature, or it is void) we will refund you all your money (excluding any setup fees). Refunds may take up to two weeks to process. Refunds are granted for poor service and or server down time, refunds are not granted for reasons as you bought the wrong account, you do not know how to use the control panel, or we can not transfer your sites to our servers. The money back guarantee is given for poor service or server down time, not just to get 14 days free hosting. Dedicated and VPS servers are non refundable.

Web Site Availability Service Level Agreement :
Coverage
This Web Site Availability Service Level Agreement applies to YOU if YOU have ordered *any* hosting plans ("Service") and YOU are in good financial standing with IWHIC.
Service Level
IWHIC endeavors to have network connectivity available for http access by third parties 98% of the time ("Web Site Availability").
Credits
In the event that there is no Web Site Availability, IWHIC will credit the monthly service charge for the Service as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed the monthly service charge for the affected month:
- Web Site Availability Credit
- 94% to 97.9% = 10%
- 90% to 93.9% = 20%
- 89.9% or below = 30%

In order for YOU to receive a credit on YOUR account, YOU must request such credit within seven (7) business days after YOU experienced no Web Site Availability. YOU must request credit by submiting a ticket at helpdek. For security, the body of this message must contain YOUR account number/domain name, the dates and times of the unavailability of YOUR web site, and such other customer identification requested by IWHIC. Credits will usually be applied within sixty (60) days of YOUR credit request. Credit to your account shall be YOUR sole and exclusive remedy in the event that there is no Web Site Availability.
Restrictions
Credits shall not be provided to YOU in the event that YOU have no Web Site Availability resulting from (i) scheduled maintenance, (ii) YOUR behavior or the performance or failure of YOUR equipment, facilities or applications, or (iii) circumstances beyond IWHIC's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of YOUR Web Site.
Limititations
On-line problems occur continuously. There might come a time when you cannot access your website or any other service. This is not necessarily due to IWHIC. Perhaps your ISP is experiencing technical difficulties, or there might be a routing problem between your ISP and IWHIC, making communication difficult or impossible. We cannot bear the responsibility of such problems. Our monitoring agents determine the uptime of our service, and not any one client's experience.

RESOURCE ABUSE POLICY :
Any website on our shared servers that uses a high amount of server resources (CPU, memory usage, and network resources) will be given an option to pay for a dedicated server. The abuse and misuse of system resources is a serious problem, and Iwhic does not tolerate it. Accounts on a shared server must be shared with other users, so we must limit how much of the CPU and memory that can be used by any one account.
In all fairness, we cannot allow one or two clients to use all of the system resources on a shared machine and have all other clients suffer because of it. Excessive CPU & memory usage by one or more clients causes extreme slowness in all areas: MySQL, Email, HTTP and more. If the CPU & memory usage by a few clients gets out of hand, all sites hosted on the machine will return errors and not be accessible in any way.

AVERAGE SERVER RESOURCE LIMITS
- Memory usage may not exceed 10% per domain/file/application
- CPU usage may not exceed 10% per domain/file/application
- Apache connections may not exceed 30 connections
- 15 MySQL maximum user connections allowed
- 50 emails per hour, per domain
There are special exceptions to these rules to be determined at the time we discover abuse. There are different combinations of usage that can create problems and other special cases. At any given time a server is unstable and an account is found to be the cause, we reserve the right to suspend the account to keep the server online and operating normally. If the usage is an increasing trend, we recommend the user invest in a dedicated server so the website can grow at a normal rate without restriction
Please note :
IwhiC.Com will not issue refunds to users who have their account terminated by IwhiC.Com, for breach of our terms of service. Refunds will not be made to users who exceed their allocated bandwidth limit. Accounts that are renewed for additional terms are also not subject to our money back guarantees.

Responsibility for Content :
You, as IwhiC.Com's customer, are solely responsible for the content stored on and served by your IwhiC.Com server.
You are responsible to monitor your clients sites, and their conduct and activity.
  All provisions of this contract are subject to the TOS (Terms of Service) of IwhiC.Com and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
Charge backs, and paypal disputes will be a automatic account cancelation. (regardless of the out come)
IwhiC.Com is not responsible at any data or backup lost due to hardware failures. It is your responsibility to have recent back ups of yours and your clients accounts. IwhiC reserves the right to change or modify, the tos at any time.

IwhiC has the right to suspend or terminate (at our discretion) any accounts that violate the Terms of Service.