Terms of Service

Indotek Web Hosting Company ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of Indotek Services constitutes acceptance and agreement to Indotek's AUP as well as Indotek's TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of Indotek 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.

This Agreement shall be construed in all respects in accordance with the laws of the state of New York, county of Madison applicable to contracts enforceable in that state. Venue will be Madison County, New York.

1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose 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 Indotek shall have the right to terminate all service set forth in this Agreement.

2. Account Termination: Indotek reserves the right to terminate any account at any time for any reason deemed neccessary. Indotek will make reasonable efforts to notify its customer of such account termination.

3. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

4. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. All accounts and services provided by Indotek are subject to the current tax rate as imposed by the State of New York, County of Madison. The above applies to all accounts and services provided by Indotek.

5. Payments and Fees: Credit cards that are declined for any reason are subject to a $1.00 declination fee. Services will be suspended on accounts that reach 15 days past due. Accounts that are not collectable by Indotek may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

6. Site Restoration Fee: If Subscriber requires restoration of a backup copy of their website and if Indotek has such a backup copy available, a non-refundable site restoration fee of $35 will be charged to Subscriber.

7. Refund and Disputes: Unless otherwise stated, all payments to Indotek are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Indotek's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Indotek an "Administrative Fee" of not less than $50 and not more than $150.

8. 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.

9. Account Cancellation: All requests for account cancellation should be made at least 5 business days prior to your next invoice period. To request cancellation you may send us an email or you may fax us your request at (206) 350-7465. You must supply your current domain name, user name, and password information so that we may confirm that your cancel request is valid.

10. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that Indotek shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Indotek. Subscriber further acknowledges that Indotek's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall Indotek be liable for any special or consequential damages, loss or injury.

11. Support Boundaries: Indotek provides technical support to our subscribers. We respond to problems or questions as soon as is humanly possible. The following are our guidelines when providing support: Indotek provides support related to your websites physical functioning. Indotek does not offer technical support for application specific issues such as cgi or php programming, html or any other such issue. Indotek does not provide technical support for YOUR customers. If you are able to get online and have questions, the answers may be in our support pages available on our website at http://www.indotek.com - we encourage you to check there first. Otherwise, we encourage you to contact us for assistance. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before contacting technical support.

12. SPAM and Unsolicited Commercial Email (UCE): Indotek 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 Indotek may not use or permit others to use our network to transact in UCE. Customers of Indotek 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.

a.Violation of Indotek's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Indotek will initiate an immediate investigation (within 48 hours of notification). During the investigation, Indotek may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Indotek may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Indotek reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Indotek will notify law enforcement officials if the violation is believed to be a criminal offense.

b.First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that Indotek personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

c.As our Customers may be ultimately responsible for the actions of their clients over the Indotek network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

13. Network

a.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"). Indotek will monitor Customer's bandwidth and disk usage. Indotek 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 Indotek's sole and absolute discretion. If Indotek 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.

b.System and Network Security: Users are prohibited from violating or attempting to violate the security of the Indotek Network. Violations of system or network security may result in civil or criminal liability. Indotek 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:

i.Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

ii.Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

iii.Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

iv.Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

v.Taking any action in order to obtain services to which such User is not entitled.

14. Notification of Violation:

a.Indotek is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

b.First violation: Any User, which Indotek determines to have violated any element of the Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Indotek's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

c.Second Violation: Users that Indotek determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

d.We reserve the right to suspend accounts without any initial notice if it has been determined that your account is consuming valuable system resources. If we do this, we will contact you as soon as is feasible.

15. Suspension of Service or Cancellation: Indotek reserves the right to suspend network access to any customer if in the judgment of the Indotek network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Indotek chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

16. Website and Data Security: Subscriber is fully responsible for securing thier website and the data stored within their website. Under no circumstance shall Indotek be liable for any damage, loss, liability, or expense arising from data theft, data loss, or data corruption due to Subscriber's unsecured website and data. Subscriber agrees to secure all sensitive and private information including but not limited to credit card numbers and social security numbers.

17. Indotek reserves the right to amend its policies at any time. All resellers of Indotek's services must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

18. Indemnification: Indotek wishes to emphasize that in agreeing to the Indotek Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Indotek for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Indotek or the bringing of any claim against Indotek by any third-party. This means that if Indotek is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Indotek, plus all costs and attorney's fees.

19. 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.

a.A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

b.Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

c.Indotek takes no responsibility for any material input by others and not posted to the Indotek Network by Indotek. Indotek is not responsible for the content of any other websites linked to the Indotek Network; links are provided as Internet navigation tools only. Indotek 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.

Indotek is not responsible for any damages your business may suffer. Indotek does not make implied or written warranties for any of our services. Indotek 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 Indotek.