IAMNK
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IAMNK Policies

Terms of Service

Principles, guidelines, and requirements governing use of IAMNK services and products.

1. Introduction

This document (the “Agreement”) sets forth the principles, guidelines and requirements of the Terms of Service of IAMNK (the “Company”) governing the use by the customer (“Customer”) of Company’s services and products (“Services and Products”). These Terms of Service have been created to promote the integrity, security, reliability and privacy of Company’s facilities, network, and Customer data contained within. The Company believes it provides the best services in the industry, and provides the following policies in the best interests of the Company and the Company’s clients. The Company retains the right to modify these Terms of Service at any time and from time to time and any such modification shall be automatically effective as to all customers when adopted by Company and published. Company shall be the sole and final arbiter as to the interpretation of the following. By utilizing the Company’s services and products, the Customer agrees to be bound by the terms herein outlined.

2. Compliance with the Law

Customer shall not post, transmit, re-transmit or store material on or through any of Services or Products which, in the sole judgment of the Company (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”) or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by Customer. The Customer agrees to indemnify and hold harmless the Company from any claims resulting from the use of the services which damages the Customer or any other party. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.

3. Prohibited Uses of Services and Products

In addition to the other requirements of these Terms of Service, Customer may only use the Services and Products in a manner that, in the Company’s sole judgment, is consistent with the purposes of such Services and Products. If Customer is unsure of whether any contemplated use or action is permitted, please contact the Company. By way of example, and not limitation, uses described below of the Services and Products are expressly prohibited.

3.1 General

  • Pornography and pornographic related merchandising are prohibited under all the Company’s services. This includes sites that include links to pornographic content elsewhere. Further examples of unacceptable content or links include pirated software, “hacker” programs, anonymous/public proxies, proxy services, archives of “Warez Sites”, game rooms or MUDs, IRC Bots, IRC, Egg Drop programs, any kind of illegal software or shareware. In addition, sites offering online gambling, casino functionality, sportsbook betting (including offshore), and internet lotteries are prohibited.
  • Violations of the rights of any Person protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations, including installation or distribution of pirated or unlicensed software.
  • Proxy websites, phishing content, download websites (music, videos or any copyright content), MP3 or video download websites, and fake offer websites are strictly prohibited. Accounts found in violation may be suspended without prior notice.
  • Actions that restrict or inhibit any Person in its use or enjoyment of any of the Company’s Services or Products.
  • Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited (including compressed file formats and audio/video files used unlawfully). This includes copyrighted material, trademarks, trade secrets or other IP used without authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

3.2 System and Network

  • Introduction of malicious programs into the Company’s network or server (e.g., viruses and worms).
  • Effecting security breaches or disruptions of Internet communication, including accessing data of which Customer is not an intended recipient, unauthorized logins, port scans, flood pings, packet spoofing and forged routing information.
  • Executing any form of network monitoring which will intercept data not intended for the Customer’s server.
  • Circumventing user authentication or security of any host, network or account.
  • Interfering with or denying service to any user other than Customer’s host (for example, denial of service attack).
  • Using any program/script/command, or sending messages of any kind, designed to interfere with or disable a user’s terminal session.
  • Creating an “active” full-time connection on a Company-provided account by artificial means.
  • Any attempt to circumvent or alter monitoring, bandwidth tracking or utilization reporting, or tampering with Company log files.
  • Per-second crons or mailing scripts on any service are not allowed; accounts may be suspended without prior notice.
  • Any action which the Company determines will reflect poorly on the Company or negatively impact its operations, or that uses resources in an unacceptable way.

3.3 Billing

  • Furnishing false or incorrect data on the order form, contract or online application, including fraudulent use of credit card numbers.
  • Attempting to circumvent or alter billing procedures or procedures to measure time, bandwidth utilization, or other methods to document use of the Company’s Services and Products.
  • All plans include a 30-day money back guarantee. While customers may cancel service and billing at any time, refunds for payments made are not given after the initial 30 day period. Dedicated Servers and VPS require a minimum 1 Month Term before cancellation; early termination of a Dedicated Server Plan may incur a $199 early termination fee.
  • Refunds may be initiated on annually, biannually and triennially billing terms; IAMNK does not offer refunds on Domains.
  • Refunds will not be initiated if you do not follow any of the terms of service and policy.

3.4 Mail

  • Sending unsolicited commercial email messages (UCE), including “junk mail” or other advertising to individuals who did not specifically request such material (“email spam”).
  • Sending UCE referencing an email address, domain, or IP address hosted by the Company.
  • Posting advertisements on IRC, ICQ, or any other public chat system containing an email address, domain, or IP address belonging to the Company.
  • Harassment, whether through language, frequency or size of message.
  • Unauthorized use, or forging, of mail header information.
  • Solicitations of mail for any other email address other than that of the poster’s account or service with the intent to harass or to collect replies.
  • Creating or forwarding “chain letters” or other “pyramid schemes” of any type.
  • Use of unsolicited email originating from within the Company’s network or networks of other ISPs on behalf of, or to advertise, any service hosted by the Company.
  • Activities deemed to be unsolicited marketing efforts or otherwise harassing in any way.
  • Customer will be charged a minimum $300.00 service charge for each instance of a verifiable UCE that is reported to the Company and faces immediate account suspension and/or termination, as well as further penalties.

3.5 Customer Support

The Company promotes a mutually-professional relationship with its customers. Abusive, threatening, obscene or otherwise harassing communications with agents of the Company, via telephone, email, online chat or other means will result in immediate account termination notwithstanding any other terms of this agreement. Violation of this or any section of this Agreement will result in refund ineligibility.

4. Indemnification of Provider / Relationship of Parties

  • Customer agrees to indemnify and hold the Company harmless from any lawsuit, claim, charge, or expense, including reasonable attorney fees and costs of defense, for any matter arising from or relating to Customer’s Website provided hereunder.
  • Nothing contained herein shall be deemed to create a relationship between the Company and Customer in the nature of a partnership, joint venture or otherwise. Both parties acknowledge and agree that the Company has no interaction with the data or substance of Customer’s Website, except as necessary to maintain the Website.

5. Security / Software

  • Customer agrees to take all steps reasonable, necessary, and prudent to protect Customer’s login ID and password.
  • Customer agrees not to attempt to undermine or cause harm to any server, software, system or customer of the Company.
  • Customer agrees to maintain Customers’ computing equipment responsibly, including running virus software.
  • Uploading a virus to a Company server will result in account termination, service charges and/or prosecution.
  • Customer acknowledges that the Company cannot provide technical support for any software and/or script that the Customer installs, other than initial configuration. The Company supplies technical support for hosting services that it provides only.

6. Limitation and Exclusion of Liability

IN NO EVENT SHALL IAMNK (the Company) HAVE ANY LIABILITY WHATSOEVER FOR DAMAGE, UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF INFORMATION PROVIDED TO IAMNK, DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES. IAMNK SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF IAMNK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF IAMNK TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO IAMNK BY YOU UNDER THIS AGREEMENT DURING THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS.

Interruption of Service — You acknowledge that IAMNK will not be liable for any temporary delay, outages or interruptions of the Services, or for delay or failure resulting from any act of God or other cause beyond its reasonable control.

Maintenance — IAMNK reserves the right to temporarily suspend services for maintaining, repairing, or upgrading its systems and network.

Backup — IAMNK offers Free Weekly Backup on Shared Hosting, Business Hosting, and Reseller Hosting. Free backup is not offered on VPS or Dedicated Server. Free backup includes weekly backup only and one restoration within one month; extra restorations are charged. IAMNK is not responsible for backup or data loss if a website or app contains malicious files or malware. Backup is provided only for active service; suspended or terminated services are not covered.

7. Violation

Any attempt to undermine or cause harm to the Company server or another customer’s Web presence is strictly prohibited. Any violation of the above Terms of Service will result in grounds for account termination, with no refunds given; the Company reserves the right to remove any account without prior notice. Violation of these Terms of Service may result in legal action, service charges or a combination thereof.

8. Confidentiality

Customer acknowledges that by reason of their relationship, both the Customer and the Company may have access to certain products, information and materials relating to the other party’s business which are confidential and of substantial value. Consequently, both parties agree not to use such information for their own account or any third party, nor disclose it to any third party.

Each party will take every appropriate precaution to protect the confidentiality of such information. Upon termination, confidential documents shall be returned or destroyed. The provisions of this section shall survive termination. Upon any breach or threatened breach of this section, either party shall be entitled to injunctive relief.

9. Refusal of Service

  • The Company reserves the right to refuse or cancel service in its sole discretion with no refunds.
  • If any of these Terms of Service are failed to be followed it will result in grounds for immediate account deactivation.
  • If you have purchased web hosting with “FREE DOMAIN” then IAMNK refund policy will only provide you “WEB HOSTING PAYMENT with Deducting Domain Cost”.
  • If the issue occurred from the server end, Company will provide you a refund with deducting the payment gateway charges.

10. Disclaimer

USE OF THE COMPANY’S SERVICES AND PRODUCTS IS AT CUSTOMER’S SOLE RISK. NEITHER THE COMPANY NOR ITS EMPLOYEES, AGENTS, RESELLERS, THIRD PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSERS OR THE LIKE, MAKE ANY WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE COMPANY’S SERVICES AND PRODUCTS WILL NOT BE INTERRUPTED OR BE ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MIGHT BE OBTAINED FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION SERVICE OR MERCHANDISE CONTAINED OR PROVIDED THROUGH THE COMPANY’S SERVICE, UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS.

THE SOLE CUMULATIVE LIABILITY OF THE COMPANY FOR ALL CLAIMS MADE BY THE CUSTOMER, OR ANY OTHER PARTY, REGARDLESS OF FORM, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES AND CHARGES PAID TO THE COMPANY BY THE CUSTOMER.

IAMNK reserves the right to request a copy of a valid state and/or country identification, such as a valid driver’s license and/or passport, along with valid payment information, to protect against fraud. This may be a one-time requirement for new accounts.

The Company reserves the right to revise or change these Terms of Service at any time.