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Acceptable Use Policy

Table of Contents

• Overview of Acceptable Use Policy
• Information
• Internet Abuse
• Copyrights
• Networks
• Notices
• Indemnification
• Damages
• Suspension and/or Termination
  
• Force Majeure
• Disputes
• Miscellaneous
• Disclaimers
• Inquiries

 

Overview of Acceptable Use Policy

This Agreement governs Customer’s use of Inphase Website, Services, and Products.

This AUP (Acceptable Use Policy) governs the use of Inphase’s web hosting services and products.  Violation of this AUP may result in suspension or termination of your service.  In the event of a dispute between you and Inphase regarding the interpretation of this AUP, Inphase’s interpretation, in its reasonable commercial judgment, shall govern. 

We do not want to hide anything or trick anybody. We don't like to be deceived either. So, if you have a question, please ask. We will give you an honest answer. If you have any questions regarding this AUP, contact Customer Service at Inphase Hosting.

 

Information

Submiting Information to Inphase

Domain Name Information

Inphase will provide you registration services for your domain. Your domain will be registered in your name and you will be the domain owner, known as the Registered Domain Name Owner.

As the Registered Domain Name Owner, you have an obligation to meet the policy requirements of ICANN to register your domain name with true and reliable information regarding your name, address, phone and email for Whois records.

Falsifying Whois information could lead to cancellation of the domain name registration by the Registrar and subsequently by Inphase.

Control Panel Information

Inphase will provide you a control panel, or panels, so you can control the different aspects of your account that you create with us.

We ask for accurate personal informaition so we can contact you regarding your account. Inaccurate information resulting in the inability to contact you could lead to the suspension of your account.

Customer Information

Customer represents and warrants to Inphase that the information he, she or it has provided and will provide to Inphase for purposes of establishing and maintaining the service is accurate. If the customer is an individual, he or she represents and warrants to Inphase that he or she is at least 18 years of age. Inphase may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contract.

Requests for Customer Information 

Customer agrees that Inphase may, without notice to Customer:

• Report to the appropriate authorities any conduct by the customer or any of the customer’s customers or end users that Inphase believes violates applicable law
• Provide any information that it has about the customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request

 

Protecting Your Information

Customer agrees to maintain a current copy of all content hosted by Inphase notwithstanding any agreement by Inphase to provide back up services. Inphase recommends that you protect any information and data that you submit to Inphase or upload to Inphase hosting server. Such information includes, but not limited to, is:

• Personal information
• Website files
• Email correspondance
• Ecommerce activities

Backup Copy

Inphase, as your Hosting or Server Provider, provides a daily backup of its server where your information is stored. However, this information includes server information and may not be easily obtained for personal use. It is advised that the client performs her or his own backup to a location that is private and readily obtainable.

Backup controls can be found on your Inphase Control Panel which links to your hosting cPanel.

Security

Inphase provides SSL on its website to protect your information and ecommerce activities.

You also should take reasonable security precautions for your website, especially if you provide ecommerice activity, list any email address, or employ a Contact Form.  If you provide ecommerce on your website, Inphase recommends that you install a SSL Certificate for your website and domain. A lower cost security can be provided especially for Contact Forms on websites that are not using ecommerce.

Email

Inphase provides you with webmail services for the creation of professional email names. Protection against SPAM and other email abuse can be setup by using your webmail control panel.

Passwords

You must protect the confidentiality of your password and you should change your password periodically.

 

Internet Abuse

Abusive Intent

All products and services provided by Inphase Website Hosting & Design must be used for lawful purposes only. You may not engage in illegal, abusive, or irresponsible behavior, including:

• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to Inphase and its customers) without express authorization of the owner of the system or network;

• Monitoring data or traffic on any network or system without the authorization of the owner of the system or network;

• Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;

• Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;

• Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting;

• Any conduct that is likely to result in retaliation against the Inphase’s network;

• Use of Inphase’s network in a way that unreasonably interferes with Inphase’s other customers use of the network

 

Offensive Content

Transmission, storage,or presentation of any information,data or material in violation of any United States Federal, State or City law is prohibited. You may not publish, transmit or store via Inphase’s service any content that Inphase reasonably believes:

• Constitutes child pornography;

• Constitutes pornography;

• Is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;

• Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; 

• Is defamatory or violates a person’s privacy;

• Creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;

• Improperly exposes trade secrets or other confidential or proprietary information of another person;

• Is intended to assist others in defeating technical copyright protections;

• Clearly infringes on another person’s trade or service mark, patent, or other property right;

• Promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;

• Is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Inphase; or

• Is otherwise malicious, fraudulent, or may result in retaliation against Inphase by offended viewers.

Content “published or transmitted” via Inphase’s service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by Inphase. 

 

Unsolicited E-Mail

You must obtain Inphase’s advance approval for any bulk commercial e-mail.

Commercial bulk email mailings will not be given unless you are able to demonstrate all of the following to Inphase’s reasonable satisfaction:

• Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;

• Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;

• You retain evidence of the recipient’s consent in a form that may be promptly produced on request, and you honor recipient’s and Inphase’s requests to produce consent evidence within 72 hours of receipt of the request;

• The body of the e-mail must describe how the e-mail address was obtained, for example, “You opted in to receive this e-mail promotion from our Web site or from one of our partner sites,” and information on how to request evidence of the consent, for example, “If you would like to learn more about how we received your e-mail address please contact us at abuse@inphasehosting.com;

• You have procedures in place that allow a recipient to easily revoke their consent – such as a link in the body of the e-mail, or instructions to reply with the word “Remove” in the subject line.  Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;

• You must post an ‘abuse@your domain name.com’ e-mail address on the first page of any Web site associated with the e-mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;

• You must have a Privacy Policy posted for each domain associated with the mailing;

• You have the means to track anonymous complaints;

• You may not obscure the source of your e-mail in any manner.  Your e-mail must include the recipients e-mail address in the body of the message or in the “TO” line of the e-mail; and

• You otherwise comply with the CAN SPAM Act and other applicable law.

These policies apply to messages sent using your Inphase service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your Inphase service.  In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.

Inphase may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.

You may not send any unsolicited e-mail. Inphase has a no tolerance policy for sending SPAM or UCE

Unsolicited email, either sent individually or in bulk, to any person who has not asked for it, or indicated that he or she does not wish to receive it, is prohibited. You must comply with the rules of any other network you access or participate in using your Inphase’s services.

 

Copyrights

You may not publish or distribute to your website or hosting account any copy of any music, software, art, or other work protected by copyright law unless:

• you have been expressly authorized by the copyright owner of the work to copy the work in that manner

• you are otherwise permitted by established United States copyright law to copy the work in that manner

Inphase will terminate the service of repeat copyright infringement.

 

Copyright Infringement Notice (Digital Millennium Copyright Act)

If you believe your copyright is being infringed by a person using the Inphase network, please send your written notice of copyright infringement to:  
Inphase Website Hosting & Design
2304 Bonner Lane
Arlington, Texas 76014

**Insert Name and Address as registered with the U.S. copyright office**

Your notice must include the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Inphase to locate the material

• Information reasonably sufficient to permit Inphase to contact you, such as an address, telephone number, and, if available, an e-mail address

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law

• A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

 

Networks

Changes to Inphase’s Network

Upgrades and other changes in Inphase’s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications.  Inphase reserves the right to change its network in its commercially reasonable discretion, and Inphase shall not be liable for any resulting harm to Customer.

 

Newsgroup, Chat Forums, Other Networks

You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate.

You must follow IRC and USENET groups including their rules for content and commercial postings.  These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.

 

Notices

Notices to Inphase under the Agreement shall be given via electronic mail to the e-mail address posted for customer support on http://www.inphasehosting.com/.  Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order.  Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered.  Customer may change his, her or its notice address by a notice given in accordance with this Section.

 

Indemnification

Customer agrees to indemnify and hold harmless Inphase, Inphase’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP  by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.

 

Damages

Neither party shall be liableto the other for any lost profits, or any indirect, special, incidental, consequentialor punitive loss or damage of any kind, or for damagesthat couldhave been avoided by the use of reasonable diligence,arising in connection with the agreement,even if the party hasbeen advised or should be aware of the possibility of such damages.

Notwithstanding anything else in the agreement to the contrary, the masimum aggregateliability of Inphase Website Hosting & Design and any of its employees, agents or affiliates, under any theory of law (including breach of contract, tort, strict liability, and infringement, shall be a payment of meney not to exceed the amount payabe by customer for three months of service.

 

Suspension and/or Termination

Suspension of Service

Customer agrees that Inphase may suspend services to Customer without notice and without liability if:

• Inphase reasonably believes that the services are being used in violation of the AUP

• Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP

• Inphase reasonably believes that the suspension of service is necessary to protect its network or its other customers

• Or, as requested by a law enforcement or regulatory agency.  Customer shall pay Inphase’s reasonable reinstatement fee if service is re installed following a suspension of service under this subsection

Termination

The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Inphase fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail. 

The Agreement may be terminated by Inphase prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: 

• Upon ten (10) days notice if Customer is overdue on the payment of any amount due under the Agreement

• Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from Inphase describing the violation in reasonable detail

• Upon one (1) days notice if Customer’s Service is used in violation of a material term of the AUP more than once

• Upon one (1) days notice if Customer violates Submiting Information to Inphase of this Agreement. 

Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

 

Force Majeure

Inphase shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Inphase’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

 

Disputes

The Agreement shall be governed by the laws of the State of Texas, exclusive of its choice of law principles, and the laws of the United States of America, as applicable.   The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods.  

Exclusive enue for all disputesarising out of or relating to the agreement shall be the State and Federal Courts in Tarrant County, Texas and each party agrees not to dispute such personal jurisdiction and waives all objections thereto.

 

Miscellaneous

Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property.  Neither party may use the other party’s name or trade mark without the other party’s prior written consent. 

The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee.  Neither party will represent itself to be agent of the other. 

Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority.

This agreement may be amended only by a formal written agreement signed by both parties.  The terms on the customer’s purchase order or other business forms are not binding on Inphase unless they are expressly incorporated into a formal written agreement signed by both parties. 

A party’s failure or delay in enforcing any provision of the agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the agreement.  A party’s waiver of any of its right under the agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not.   

The captions in the agreement are not part of the agreement, but are for the convenience of the parties.  

The following provisions will survive expiration or termination of the agreement: 

• Fees
• indemnity obligations
• provisions limiting liability and disclaiming warranties
• provisions regarding ownership of intellectual property
• these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the agreement

There are no third party beneficiaries to the agreement.  Neither insurers nor the customers of resellers are third party beneficiaries to the agreement. 

The customer may not transfer the agreement without Inphase’s prior written consent.  Inphase’s approval for assignment is contingent on the assignee meeting Inphase’s credit approval criteria.  Inphase may assign the Agreement in whole or in part.

This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supercedes and replaces any prior understanding or communication, written or oral.

 

Disclaimers

Warranties Extended

Inphase does not warrant or represwent that the services will be uninterrupted, error-free, or completely secure. To the extent permitted by applicable law, Inphase disclaims any and all warranties including the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. To the extent permitted by applicable law, all services are provided on an "As Is" basis.

Montering Activities

Inphase is under no duty and does not by this AUP undertake a duty to monitor or police our customers’ activities.

Inphase disclaims any responsibility for any misuse of the Inphase Website Hosting and Design network.

 

Inquiries

Inquiries regarding this policy should be directed to Policies at policies@inphasehosting.com.