ICOMCO, LLC. TERMS OF SERVICE
Revised 06/26/05

You must accept these terms of service in order to use our services. These terms of service may be updated as needed at any time without notice. The main purpose of this agreement is to protect all users on our servers and explain our policies. Read these terms of service carefully and return here frequently.

1) Suspension
Violation of these terms of service could result in suspension or removal of your account depending upon the circumstances. Suspension means that your account is put into a limbo state and is unreachable through any means. During suspension no files are lost or altered. Accounts found to be running a script which is causing a very high cpu load or mail script being used to send spam will almost always be suspended without notice to prevent further damage. Poorly written scripts must be removed in order for us to restore your service. Reports of spam are taken very seriously usually resulting in immediate account suspension and investigation without notice. We reserve the right to suspend any or all accounts held by you without notice if we deem it necessary to do so.

2) Scope of Service
Script support or other "how-to" services are not provided as part of the hosting package.  It is the responsibility of the user to become learned in setting up and administering their account including script installs, file permissions, uploading procedures, etc. Support will be strictly limited to making sure that running scripts is possible by running our test script. ICOMCO, LLC. can provide “for fee” service to maintain/control your account for you.

3) Limitation of Liability
You expressly understand and agree that ICOMCO, LLC. shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ICOMCO, LLC. has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

4) Content
All services provided by ICOMCO, LLC. may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secrete and other statue. The subscriber agrees to indemnify and hold harmless ICOMCO, LLC. from any claims resulting from the use of the service which damages the subscriber or any other party.

4.1) Pornography and Sex-Related Merchandise
Pornography and sex-related merchandising are prohibited on any ICOMCO, LLC. servers. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to ICOMCO, LLC. servers or any other server on the internet. Links to such materials are also prohibited.

4.2) You agree to not use the Service to:
Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.

5) Non-acceptable content or links
Examples of non-acceptable content or links are Pirated software, Hackers programs or archives, Warez Sites, Adult Sites, Illegal MP3s, but not limited to. ICOMCO, LLC. will be the sole arbiter as to what constitutes a violation of this provision. Any websites found in violation of this policy will be cancelled and any resulting monetary damages to us will multiplied by a factor of two (2) and charged to the account holder.

6) SPAM and Unsolicited Commercial E-mail (UCE): - Email or Usenet
Spamming, or the sending of unsolicited email, from a ICOMCO, LLC. server or using an email address that is maintained on a ICOMCO, LLC. machine is STRICTLY prohibited. Equally, any email or usenet spam which points to any domain hosted on a ICOMCO, LLC. Web Server will result in immediate suspension of that domain name account and a full investigation. Any form mail script running on your account is done at your own risk. Ignorance of the risks of such scripts is no defense. ICOMCO, LLC. will be the sole arbiter as to what constitutes a violation of this provision.
Reports of spam are given top priority if you have arrived at this page in the course of a spam investigation and wish to report abuse send all details and headers to abuse@icomco.com as soon as possible.

ICOMCO, LLC. takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply this means that customers of ICOMCO, LLC. may not use or permit others to use our network to transact in UCE. Customers of ICOMCO, LLC. 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.

Violation of ICOMCO, LLC. SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, ICOMCO, LLC. will initiate an immediate investigation (within 72 hours of notification). During the investigation, ICOMCO, LLC. may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, ICOMCO, LLC. may, at its sole discretion, restrict, suspend or terminate customer's account. Further, ICOMCO, LLC. reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. ICOMCO, LLC. may notify law enforcement officials if the violation is believed to be a criminal offense.

First violations of this policy will result in an "Administrative Fee" of $100 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $200 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 $125 per hour that ICOMCO, LLC. personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

7) Server abuse
Any attempts to undermine or cause harm to a ICOMCO, LLC. server or customer of ICOMCO, LLC. is strictly prohibited.

8) Damages
If you violate these terms of service and it results in damage to our servers or causes ICOMCO, LLC. any additional expense or legal fees you agree to compensate us in full for the amount of monetary damages multiplied by a factor of two (2) as determined by us.

9) Liability
ICOMCO, LLC. is in no way responsible for down time either resulting from a user’s actions, or natural fluctuations in internet consistency. ICOMCO, LLC. will however, do everything within it's power to assure that each and every client site is up as consistently as possible.

10) Indemnity
You agree to indemnify and hold ICOMCO, LLC., and its officers, agents or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

11) Payments and Fees
ICOMCO, LLC. web hosting billing period is typically every 30 days (or annually if on the annual plan). Each account may be automatically debited each month for the total amount due (or annually), until email notice of cancellation is received and confirmed. If the credit card on file is declined for any reason or check/money order isn't received, the customer will receive notification via email. Response to this email is required within 24 hours. In the event there is no response from the account holder the account will be suspended until payment is received. After the account has been suspended for 30 days it will be deleted. You agree that any chargeback action through your credit card company on your part will not release your of your debt. Any and all chargebacks will impose additional fees of $100.00 per chargeback plus collection, filing and legal costs.

Late Payments: Service will be interrupted on accounts that reach 3 days past due. Service interrupted for nonpayment is subject to a $10 reconnect fee. Accounts not paid by due date are subject to a $15.00 late fee after 3 days and $5 after each day after Accounts that are not collectable by ICOMCO, LLC. 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 or more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

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.

12) Refunds (30 day guarantee)
We hope that you are fully satisfied with your hosting from us, but in the event you are not, we offer a 30 day money back guarantee. Setup fees and bandwidth usage less than 1gb are refundable within 30 days of ordering your account. Refunds are not made on accounts canceled due to violation of our terms of service. All refunds will be less a $5.00 administration fee.

13) Refunds (domain names)
Please note: Domain Name Registration fees WILL NOT be refunded. 

14) Canceling Service
All requests for canceling accounts must be made in writing with at least 30 days notice but not more than 60 days prior written notice and e-mail sent to billing@icomco.com indicating that you wish to cancel service. Please supply your account username and password for verification purposes, or we will need to verify via email for your protection. You must have all account information to cancel. We will immediately stop recurring billing on your account delete your account at the end of its current billing cycle for the domain name or domain names affected. Once canceled you should receive confirmation from us and your billing service

15) Miscellaneous Provisions
You must provide us with, and keep current, good contact information for you. E-mail, telephone and postal contacts are used, in that order of preference.

16) Disclaimer
ICOMCO, LLC. cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by ICOMCO, LLC. are resold. Thus, certain equipment, routing, software, and programming used by ICOMCO, LLC. are not directly owned or written by ICOMCO, LLC.. Moreover, ICOMCO, LLC. holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as ICOMCO, LLC. sees fit.

17) Account Activation
By activating your account with ICOMCO, LLC., you agree to the above policies and disclaimer. Upon requesting account activation, you are required to accept these policies, guidelines, and disclaimer and a copy of your acceptance is forwarded along with your activation request to be maintained within your account information.

18) Pay On-Time On-Line 5% ICOMCO Credit Promo
Customers that make their payments on-time and on-line or on-time thru our automatic billing will receive a 5% credit towards future invoices up to a maximum credit amount of $5 US.

NOTICE: If you sign up for an account and do not follow our terms. No refunds will be given. We will however let you know by email or phone before any action is taken and you will have a chance to solve the matter.

FURTHERMORE, ICOMCO, LLC. retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification. We also retain the right to increase any pricing, and make changes to our account plans without notification.

NOTICE: If your account is found to contain illegal activity, Illegal MP3 Files, Pirated software, hacker programs, Warez programs, or any other illegal files, your account will be terminated immediately without notice and a $50.00 Cancellation fee will apply.
 

19) Backups
ICOMCO, LLC. hosting accounts include a routine backup service but these backups are for internal administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. ICOMCO, LLC. does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly, even if the malfunction was due to negligence on ICOMCO, LLC.'s part. We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.