Interalta Master Service Agreement
This Master Service Agreement shall constitute a binding contractual agreement between Interalta and the subscriber of services ("Client"). The Master Service Agreement shall include the Terms of Service, the Acceptable Use Policy and the Domain Service Agreement. Client agrees to be bound to all agreements found herein.
Effective Date: This Terms of Service were last updated on October 26, 2007.
Interalta ("The Company") agrees to furnish services to the subscriber of services ("Client"), subject to the following TOS ("Terms of Service").
Interalta reserves the right to change this TOS at any time. Such changes, modifications, additions or deletions shall be effective immediately upon posting on-line at this location. You acknowledge and agree that it is your responsibility to review this site and this TOS periodically and to be aware of any modifications. You may identify whether Interalta has revised this TOS by noting the "Effective Date" above. Your continued use of the services after such modifications will constitute your: (a) acknowledgment of the modified TOS; and (b) agreement to abide and be bound by the modified TOS. If you do not agree to these terms, please contact us to cancel your services.
Interalta reserves the right to refuse service to anyone at any time for any reason.
You agree to provide Interalta with accurate and complete contact information. Contact information means any data relating to your identity, electronic mail, and street address, or telephone and fax number, or any other information that you provide to Interalta in order to receive or to continue receiving services. Further, you agree to provide Interalta with updated contact information within a reasonable period of time following the change in circumstance that creates the need for updated information. This includes a list of authorized contacts and the level of access and/or authorization provided. Interalta will contact users via the email addresses and/or phone numbers entered by the Client and will not be held responsible for the accuracy of this information. Interalta provides a direct way for all users to verify this information through the control panel. Support services for clients is only rendered to those whose information is on file as an authorized contact on the account.
Payments and Fees
Full payment is required before any hosting service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax, unless requested and agreed upon before service is rendered. Subsequent payments are due on a recurring date that coincides with the date of sign up. Billing will continue until you cancel your hosting account. The accepted methods of payment are credit card (Visa, MasterCard), PayPal, check, or money order. Paypal payments must be submitted to paypal[at]interalta.com Wire transfer payments are allowed for clients who pay on a semi-annual or longer basis. Clients are responsible for any additional transaction fees that coincide with any payment methods. All values are in US dollars.
All Clients will receive invoices 7 days before the recurring date and are due 2 days before the recurring date. After the due date, there is a 2 day grace period in which to fully pay the invoice, with an overdue notice being emailed daily. If payment is not made, or other adequate arrangement put in place, the service(s) will be promptly shutdown after the 2nd day. After the 2 day grace period, if payment is not made, Interalta is no longer responsible for original client's data. The customer is fully responsible for making sure payment is made in a timely manner and is fully responsible for keeping accurate billing information on file. Interalta is not responsible for data integrity on equipment reclaimed for non-payment.
Service interrupted for nonpayment is subject to a $20 reconnect charge. Accounts not paid by due date are subject to a $20 late fee. Accounts that are not collectible by Interalta may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay Interalta a Processing and Collection Fee of $20. If you desire to cancel your account, please follow the proper procedure as outlined in this TOS.
Checks, money orders, and wire transfers should be sent at least 7 days prior to the invoice due date to help ensure that the payment is received by Interalta in a timely manner. Credit cards may be billed up to 7 days in advance of the due date to assure that service will not be affected if there is a problem with the credit card. Interalta considers all credit card or PayPal chargebacks for services rendered, or partially rendered, to be fraudulent. Such accounts will be assessed a $20 fee, per incident, and have their balance sent to a third-party collections agency.
Interalta reserves the right to deny Client the use of any payment method for, but not limited to, abuse or misuse of a payment method. Abuse of a payment method may also be grounds for further disciplinary action up to and including the immediate and permanent cancellation of the Client's services or their entire account with Interalta. If a credit card is declined for any reason, or if check or ACH draft is returned for any reason, the account will be assessed a $20 service charge per item.
In regards to colocation customers, Interalta reserves the right to take ownership of the colocated equipment as compensation after a period of 30 days of non-payment. If the equipment is sold, the selling price, minus a 15% processing charge, will be deducted from the amount of the bill which is forwarded to collections.
If a service is deactivated due to non-payment the service in question will only be reactivated once payment for the outstanding balance has been received in full. If all services on an active account are deactivated all outstanding invoices must be paid in full before any one service will be reactivated. Interalta reserves the right to keep a service deactivated until funds paid have cleared.
Interalta reserves the right to change prices at any time, but will notify all clients before such changes take place.
Client must submit service cancellations by opening a ticket through Interalta's client portal at least 10 days but not more than 30 days before the end of the service's billing cycle, in order to avoid charges in full for the next cycle. Cancellation requests are not accepted through phone, email, fax, or any other method besides through opening a ticket through our client portal. Client must have and provide all account information to cancel an account. Only the authorized account holder may cancel the account. It is the Client's responsibility to secure email confirmation from Interalta that account has been cancelled. If the Client has not yet received email confirmation of account cancellation, then the account remains active, and Client will continue to be invoiced. Clients are responsible for all charges associated with an account until cancellation is verified via email.
In the event of cancellation, customer will automatically be billed for any excess bandwidth usage during the current monthly billing cycle.
A dedicated server order cannot be cancelled for a refund unless it is for a server which is not delivered in the appropriate time frame. That time frame is 5 business days for in-stock servers and 10 business days for custom order systems, systems with any hardware modifications, extra RAM, RAID card, etc.
If the Client has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve Client of any outstanding financial obligations. Interalta reserves the right to go through a third-party collection agency to collect any overdue payments. All accounts sent through a third-party collections agency will have an additional fee of 20% of the amount owed added to cover the collections fees and other related expenses.
Client agrees that bandwidth usage shall not exceed the number of Gigabytes per month for the services ordered by Client. Interalta will monitor Client's bandwidth usage and will provide RTG graphs of bandwidth usage for Client to review in the Interalta client portal. Interalta shall have the right to take corrective action if Client's bandwidth usage exceeds the amount allocated by Client's service plan ("Allocation"). 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 Interalta's sole and absolute discretion. Interalta believes in communicating with our clients and will try to work with our clients to resolve any overage issues before taking action which could cause a Client's service to become unavailable.
Bandwidth usage is measured on a monthly basis coinciding with Client's billing cycle. Both incoming and outgoing traffic are counted.
In the event that a customer exceeds the included allocation, Interalta may, at its sole discretion, collect a deposit in the amount of $2 per GB for the projected overage for the month, immediately against customer's credit card on file with Interalta.
Client agrees to pay Interalta any additional fees for bandwidth overages within 3 days of the invoicing period at a rate of $2 per GB of bandwidth used over the Allocation. Any bandwidth overage bill not paid within three (3) days of invoicing will subject the server and services to suspension.
Unused bandwidth allocations cannot be carried over to future months, or applied to other servers.
All IP addresses which are assigned to Client must be justified per ARIN Guidelines at http://www.arin.net/policy/nrpm.html. If it is determined that IP addresses which have been assigned to Client are not being used in accordance with these guidelines, they may be revoked.
SPAM and Unsolicited Commercial Email (UCE)
Interalta 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 Interalta may not use or permit others to use our network to transact in UCE. Clients of Interalta may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.
a. Violation of Interalta's email policy, as outlined in the Acceptable Use Policy ("AUP") will result in severe penalties. Upon notification of an alleged violation of our AUP, Interalta will initiate an immediate investigation (within 48 hours of notification). During the investigation, Interalta may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our AUP, Interalta may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Interalta reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Interalta 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 $50 per hour that Interalta personnel must spend to investigate the matter.
c. As our Clients are ultimately responsible for the actions of their clients over the Interalta network, it is advisable that Clients develop a similar, or stricter, policy for their clients.
If you have any complaints or comments regarding spam on our network, please email abuse[at]interalta.com
Note: Interalta will generally not suspend an account due to a single violation. We will first attempt to work with Client to resolve the situation. If problems persist or there is no cooperation the account may be suspended and have the above charges applied. As a web host we understand Client may not have control of all of his own users/clients and we are more than happy to work with Client as long as Client is cooperative. We give all Clients the right to defend themselves before accounts are permanently suspended or charged the specified Administrative fees.
Refund and Disputes
All payments to Interalta are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. Client shall not be entitled to any refunds, pro-rated or otherwise, in the event of early termination of this agreement by Interalta according to the terms herein. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer or payment provider (chargeback) that, in Interalta's sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay Interalta an Administrative Fee of not less than $75 and not more than $200.
Indemnification Policy and Damages
You agree to use all Interalta services and facilities at your own risk. Interalta specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Interalta be liable for any delay, loss, service interruptions, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. The Client agrees that it shall defend, indemnify, save and hold Interalta harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Interalta, its agents, its providers, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its own customers, its agents, employees or assigns. The Client agrees to defend, indemnify and hold harmless Interalta against liabilities arising out of:
* Any injury to person or property caused by any products sold or otherwise distributed in connection with a Interalta server;
* Any material supplied by the client infringing or allegedly infringing on the proprietary rights of a third party;
* Copyright infringement and
* Any defective products sold to the client from a Interalta server.
Interalta shall be the sole arbitrator of what violates this policy.
Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Interalta and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Interalta. Client further acknowledges that Interalta's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall Interalta be liable for any special or consequential damages, loss or injury.
Client agrees that Interalta's failure at any time to enforce any of the provisions of this TOS or any right or remedy available hereunder, or at law or equity, or to exercise any option herein provided, shall in no way be construed to be a waiver of such provisions, rights, remedies, or options or in any way to affect the validity of this TOS. The exercise by Interalta of any rights, remedies, or options provided hereunder, or at law or equity, shall not preclude or prejudice Interalta from exercising thereafter the same or other rights, remedies, or options.
You agree that Interalta is not responsible for any damages, delays, or other failures to fulfill its obligations hereunder as a result of war, fire, strike, riot or insurrection, natural disaster, delay of carriers, governmental order or regulation, complete or partial shutdown of plant, unavailability of materials or equipment from suppliers, failures or blackouts, labor disputes, and/or other occurrences beyond its control whether or not similar to those listed above.
Neither this TOS nor any of the rights, interests or obligations hereunder may be assigned by the Client (whether by operation of law or otherwise) without the prior written consent of The Company. The Company may assign this TOS without the consent of Client. Subject to the foregoing, this TOS shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and permitted assigns.
Anything not explicitly stated in this TOS is subject to interpretation at Interalta's sole and absolute discretion.
Effective Date: This Acceptable Use Policy was last updated on October 26, 2007.
Interalta's Acceptable Use Policy ("AUP") has been designed to assist in protecting Interalta and its clients from improper and/or illegal activity over the Internet and to further compliance with all relevant laws and regulations. This AUP is also intended to establish a clear understanding of what Interalta expects of clients using our services.
Interalta's AUP is applicable to any and all access or use of Interalta's services (the "Service") or Interalta's network (the "Network"). This includes, but is not limited to, any use or access by (a) Interalta's clients, (b) Interalta's clients' clients, members, end-users, and agents and (c) any other parties who use or access the Service or Network (collectively, "Users"). All Users must comply with this AUP. Any access or usage of the Service or Network constitutes acceptance and agreement to this AUP. Each client of Interalta agrees that it is responsible for violations of this AUP by itself and by any party that uses or access the services or the network through such client, whether authorized by such client or not.
Interalta supports the uncensored flow of information and ideas and does not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the Service, except for certain proprietary web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Interalta may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong doing.
Interalta believes in communicating with our clients and will try to work with our clients to resolve any AUP violations before taking action which could cause a client's service to become unavailable. However, due to the nature or severity of some violations, this is not always possible or preferable. We reserve the right to immediately suspend or terminate, without warning, services to a client who is in violation of the AUP.
This AUP does not (a) obligate Interalta to monitor, review, or police the data and content residing on its network or (b) create any obligation of Interalta to any party that is not a direct client. Interalta expressly disclaims any liability for the data and content residing on its network and for the actions of its Users.
The following activities are expressly prohibited, and are considered violations of the AUP. These descriptions are guidelines and are not intended to be exhaustive. Interalta will be the sole arbiter as to what constitutes as unacceptable use.
Illegal Activity or Content
The Service shall not be used for any unlawful activities or in connection with any criminal or civil violation. Use of the Service or Network for transmission, distribution, retrieval, or storage of any information, data or other material in violation of any applicable law or regulation (including, where applicable, any tariff or treaty) is prohibited. This includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory or otherwise unlawful. The subscriber agrees to indemnify and hold harmless Interalta from any claims resulting from the use of the service which damages the subscriber or any other party. Examples of unacceptable content include, but are not limited to, the following:
* Pirated software, including warez or any other commercial software which you do not have the legal right to distribute;
* Serial numbers and cd keys for commercially available software which you do not have the legal right to distribute;
* Music (.mp3, .wma, .ogg, etc.), Movies and Television shows (.mpg, .avi, .wmv, etc.) or compressed files or archives containing such files (.zip, .rar, .tar, etc.) which you do not have the legal right to distribute;
* Child pornography, rape, or beastiality;
* Hacker programs or archives;
* Any content that facilitates in identity theft, credit card fraud, or any other type of fraud;
* Torrent files and trackers that facilitate the download of any materials included in this list;
* Any software that facilitates any activity prohibited in this policy.
Any illegal activity may result in your site being suspended immediately, without notification. Any sites breaking the above rules will be subject to a $100 administrative fee if they are deemed to be unresponsive to our requests.
Interalta will be the sole arbiter as to what constitutes a violation of this provision.
System and Network Security
Interalta expressly prohibits any activities that, in its sole discretion, constitute network abuse. Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. Interalta investigates all incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected.
Examples of system or network security violations include, but are not limited to, the following:
* Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses and other executables intended to inflict harm);
* Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the client is not an intended recipient or logging into a server or account that the client is not expressly authorized to access. For purposes of this section, "disruption" includes, but is not limited to, port scans, ping flooding, email-bombing, packet spoofing, IP spoofing and forged routing information;
* Executing any form of network activity that will intercept data not intended for the client's server;
* Intentionally or negligently injecting false data into the Internet, for instance in the form of bad routing information or incorrect DNS information.
* Forging any e-mail message header, in part or whole, of any electronic transmission, originating or passing through the Network.
* Circumventing user authentication or security of any host, network or account;
* Interfering with or denying service to any user other than the client's host (example: denial of service attack -DoS- or distributed denial of service attack -DdoS-);
* Using any program script/command, or sending messages of any kind, designed to interfere with or to disable a user's terminal session, via any means, locally or via the Internet.
Inadequate security, insecure/unpatched software, insecure passwords, etc. are not the responsibility of Interalta. The client is responsible for assuring that their account is as secure as possible and the account holder accepts all responsibility for actions taken using their allocated resources, whether they are authorized or not. The account holder on file agrees to be held responsible for all bandwidth overage fees, clean-up fees, and managed service fees.
Users are prohibited from engaging in improper use or distribution of email. Interalta will be the sole arbiter as to what constitutes a violation of this provision. This includes, but is not limited to:
* Sending of any unsolicited email ("spam"). Any message sent to a recipient from a purchased, rented, licensed, or traded list of email addresses is automatically considered unsolicited.
* Hosting web pages advertised within "spam e-mail" sent from another network ("spamvertising")
* Using the Service to receive replies from unsolicited emails ("drop - box" accounts).
* Configuring any email server in such a way that it will accept third party emails for forwarding ("open mail relay").
* Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Interalta Users must be Closed-loop ("Confirmed Opt-in") and each email message must include a link so the recipient can easily unsubscribe by just clicking on that link. The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list.
* Purchasing lists of email addresses from 3rd parties for mailing to from any Interalta hosted domain, or referencing any Interalta account, is prohibited.
* Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.
All IRC activity is prohibited. This includes running any type of IRC software including, but not limited to, IRC client software, IRC server software, web-based IRC software, IRC bots such as "eggdrop", and IRC proxies such as "psyBNC".
Proxy Servers are prohibited. This includes, but is not limited to, SOCKS proxies, Squid proxies, Bittorrent Proxies, Tor, and any CGI or PHP proxy scripts.
Facilitating a Violation of this Policy
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks, is strictly prohibited.
Interalta accounts operate on shared network resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.
Shared, Reseller and VPS Hosting Performance
Interalta Shared, Reseller and VPS accounts operate on shared resources. Excessive use or abuse of these shared resources by one customer may have a negative impact on all other customers. Client is prohibited from excessive consumption of resources, including CPU time, memory, disk I/O, disk space and session time. Client may not use resource-intensive programs which negatively impact other customers or the performances of the Service or Network. Interalta reserves the right to limit such activities.
No guarantees are made of any kind, either expressed or implied, as to the integrity of our backups, which are made on a regular basis for all shared hosting and shared reseller accounts. It is the clients' responsibility to maintain local copies of their content and other stored information. If loss of data occurs due to a failure on Interalta's part, we take reasonable action to recover the data at no charge to the client. If data loss occurs due to negligence of client in securing their account, by an action of the client, or any actions not under the direct control of Interalta, Interalta will have no liability.
Reporting violations of Interalta's AUP
Interalta requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse[at]interalta.com
If available, please provide the following information:
* The IP address used to commit the alleged violation
* The date and time of the alleged violation, including the time zone or offset from GMT
* Evidence of the alleged violation
An E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information.
Interalta may take any one or more of the following actions in response to complaints:
* Issue written or verbal warnings
* Disable access to a client's content which violates AUP
* Remove content which violates AUP
* Block mail or any other network service
* Null-route client's IP address
* Suspend the client's account
* Terminate the clients's account
* Bill the client for administrative costs and/or reactivation charges
* Bring legal action to enjoin violations and/or to collect damages, if any, caused by violations
Any violation of the AUP which results in a client's server being removed or blocked from network access may be subject to reconnection fees as described in the TOS.
The aforementioned list of actions shall not be construed in any way to limit the actions or remedies that Interalta may take to enforce and ensure compliance with this AUP.
Interalta reserves the right to recover any and all expenses, and apply any reasonable charges, in connection with a client's violation of this AUP. No service credits will be issued for any interruption in service resulting from violations of this AUP. The client agrees to indemnify and hold harmless Interalta from any claims resulting from the use of the service, which damages the subscriber or any other parties.
Interalta reserves the right to change this AUP at any time. Such changes, modifications, additions or deletions shall be effective immediately upon posting on-line at this location. You acknowledges and agree that it is your responsibility to review this site and this AUP periodically and to be aware of any modifications. You may identify whether Interalta has revised this AUP by noting the "Effective Date" above. Your continued use of the site after such modifications will constitute your: (a) acknowledgment of the modified AUP; and (b) agreement to abide and be bound by the modified AUP. If you do not agree to these terms, please do not access or use this site or any site on the Interalta network.
Interalta reserves the right to refuse service to anyone for any reason not prohibited by law. Also, Interalta reserves the right to terminate service to any client for any reason not prohibited by law.
Any deliberate attempt to cause damage to Interalta or any other Internet servers will result in immediate account deactivation without prior notice. No refund will be issued in any case.
Please direct all questions regarding this AUP to abuse[at]nteralta.com