Icene™ Legal Policies

Keeping You Informed

Terms of Service

Icene agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

 

All provisions of this contract are subject to the TOS of Icene. The TOS may be changed from time to time at the discretion of Icene. Subscriber understands that change to the TOS by Icene shall not be grounds for early contract termination or non-payment.

 

1. Disclosure to Law Enforcement: The TOS specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that Icene 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 Icene shall have the right to Terminate all service set forth in this Agreement.

 

2. 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 Icene may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Icene achieving and maintaining its cost of service goals including but not limited to rates charged to Icene by its suppliers.

 

3. Payment: Payments are due on the anniversary date of the month for that month's service. Upon failure to meet payment deadline, Icene reserves the right to terminate all services on the users account, or may turn the account over to an outside collection agency for collection where you agree to pay an outside fee to retrieve your account.

 

4. Refund and Disputes: Payments To Icene are refundable up to the discretion of the Refund Policy.

 

5. Account Cancellation: All requests for cancelling accounts must be done through the Support Portal, with a ticket to Customer Service on or before day of cancellation. Any one who cancels their payment subscription prior to expiration date will lose their hosting account. That means, if you cancel your subscription on your own and still have time left on your account, you will forfeit the remaining time left and lose your account. We rely on the subscriptions to auto bill each payment when due automatically or close the account, so if you close your own subscription, there are no exceptions to this rule. We do reserve the right to cancel anyone's account for any reason and do not need to notify the user if they do something against what is stated in the TOS.

 

6. 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 Icene shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company'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 Icene be liable for any special or consequential damages, loss or injury.

 

7. Support Boundaries: Icene, provides free technical support to our subscribers. The following is our guidelines when providing support: Icene provides support related to your accounts physical functioning. Icene does not offer tech support for application specific issues such as CGI programming, HTML or any other such issue (unless you use the Forum). If you can email, we encourage you to email support@icene.net for assistance or you can use billing@icene.net for billing. If you are able to get online and have other questions, the answers may be on our Knowledgebase.

 

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

 

9. Notification of Violation:

 

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

 

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

 

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

 

10. Suspension of Service or Cancellation: Icene reserves the right to amend its policies at any time. All sites on Icene must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation.

 

11. Responsibility for Content: You, as an Icene customer, are solely responsible for the content stored on and served by your Icene Account. Icene is NOT responsible for your data, if for any reason it is lost, Icene cannot be held responsible, neither blamed.

 

NOTICE: No refunds will be given if you fail to comply with these terms after signed up with Icene.

 

Entire Agreement; Amendments


These Terms and Conditions, together with the Acceptable Use Policy and the Privacy Policy, supersede any prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and these Terms and Conditions, together with the Acceptable Use Policy and the Privacy Policy, constitute the sole and entire agreement between the parties with respect to the matters covered hereby.

 

Last Revised: 21st February, 2011.


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