Terms of Service
LAST UPDATED: 5/10/2017
The following terms and conditions (these “Terms”) govern the provision by IonSwitch, LLC (“Company”) of the services and/or products referred collectively herein as (“Services and Products”) described on the Server Order Form, the Service Level Agreement and Service Exhibit attached hereto (collectively the “Service Descriptions”) and defined in any of the Company’s product support listing, to the customer (“Customer”) identified on the Service Descriptions. The Service Descriptions, these Terms and the attachments and any addenda hereto, executed with respect to the Services and Products, are referred to herein, collectively, as this “Agreement.” IonSwitch, LLC reserves the right to change and update this document as needs change or arise.
- Jurisdiction and Jurisdictional Disputes, Legal Responsibilities. The parties expressly recognize that, where IonSwitch, LLC is acting solely as Customer's host, IonSwitch, LLC is not engaged in, and is not actively soliciting, interstate or international commerce for said Customer. Where IonSwitch, LLC is a named party to any type of dispute or litigation involving any acts by Customer that affect out-of-state persons or entities, Customer agrees that it shall indemnify, hold IonSwitch, LLC harmless, defend IonSwitch, LLC exhaustively (including all legal cost(s), and challenge the jurisdiction of out of state authorities over IonSwitch, LLC). Any threat of legal action against IonSwitch, LLC will result in immediate account and service termination without refund.
- Limitation on Company Liability. Company shall not be deemed to be in default of any provision of this Agreement or be liable for any failure of performance of the Services and Products (including server interruption) to Customer(s) resulting, directly or indirectly, from any (i) weather conditions, natural disasters or other acts of God, (ii) action of any governmental or military authority, (iii) failure caused by telecommunication or other Internet provider, or (iv) other force or occurrence beyond its control. The current term of this Agreement. COMPANY SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS COMPANY PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND COMPANY SHALL HAVE NO LIABILITY THEREFORE.
- Storage & Backups. IonSwitch, LLC shall store Customer’s web sites, files, email and databases on their servers. The parties expressly recognize that internet servers and links are susceptible to crashes, down time, vulnerabilities and that from time to time IonSwitch, LLC may need to preform maintenance on their services. Customers with unmanaged services are to manage their own backups at their own expense. IonSwitch, LLC is not responsible for data that customer may have lost due to said crashes, down time or vulnerabilities. Due to the nature of computer hardware, IonSwitch, LLC is not liable for any data loss occured.
- Maintenance. IonSwitch, LLC may temporarily suspend all service for the purpose of repair, maintenance or improvement of any of its systems, or whatever it deems necessary to maintain adequate services. However, IonSwitch, LLC shall provide prior notice within 24 hours for all scheduled maintenance. Emergency maintenance may be carried out at any time, with or without notification. Invalid rDNS records may be removed at our sole discretion. For all customers, efforts must be made to ensure that their service do not get listed, banned or blocked, by any firewalls or blacklists. IonSwitch, LLC will not be able to provide a replacement IP address for actions caused by customer's negligence.
Bandwidth & Network. IonSwitch, LLC agrees that it shall maintain a minimum of 1Gbps connections to its servers. However, IonSwitch, LLC does not guarantee any response rate or download speed beyond our control, as this is depending on Customer's and End User's internet connections; IonSwitch, LLC does NOT guarantee a set internet speed. IonSwitch, LLC recommends, however, that the customer should take advantage of IonSwitch's network looking glasses, prior to placing an order with IonSwitch, LLC. IonSwitch, LLC does not guarantee that any IP address space will be globally accessible due to factors out of our control.
- Bandwidth Quota. Services that exceed their bandwidth allocation will be charged an additional $6.00/TB, in blocks of terabytes.
- DDoS Protection. IonSwitch, LLC offers DDoS protection to services in selected datacenters as a complimentary service. This service is not guaranteed and IonSwitch, LLC may blackhole targeted IP(s) or suspend targeted service if attack traffic bypasses our mitigation facilities. IonSwitch, LLC reserves the right to suspend or terminate services that are frequent targets of DDoS attacks. A service will be suspended if it sends or originates any DDoS attack. Service re-activation or termination after the suspension will be at our sole discretion.
- Security. The parties expressly recognize that it is impossible to maintain flawless security, therefore the customer is solely responsible for properly securing their hosting service provided by IonSwitch, LLC including changing initial passwords and making any security adjustments and patches over time. Customer is solely responsible for any damage caused by such unauthorized access, and Customer indemnifies and holds IonSwitch, LLC harmless for any compromise of Customer’s security that resulted from their own actions, the actions of IonSwitch, LLC or the actions of any third party.
Billing. Invoices for recurring services are generated at least seven days in advance of the due date. Invoices past due by three days incur a late fee of 20% of invoice total or $5 (whichever is greater) unless prior arrangements have been made to billing department. Overdue services are subject to Suspension and Termination.
- Refunds. Refunds are available for hosting and unmanaged virtual private servers within 2 days from the signup date by new customers. Prior established customers will receive refund in the form of IonSwitch, LLC account credit. Licenses, domains, IP addresses, SSLs and management services are not eligible for refunds.
- Disputes & Chargeback. Raising a billing dispute, claim or chargeback with our payment processors may result in instant suspension or termination of all services within the customer account. Customer account details may also be reported to FraudRecord.com and/or law enforcement agencies.
- Account Credit. Account credits are automatically applied to new invoices until exhausted. Account credit "Add Funds" invoices may be requested from the billing department, given the account is in good standing. If an account has a positive credit balance, it will be displayed in the client area. Account credits do not expire and may not be withdrawn.
Service Migration & Transfers.
- Inter-Account Service Transfers. Requests must be made to the billing department clearly stating: package name, domain name or hostname, destination account email. Both the sending and receiving account must in good standing with current service(s) and with no overdue invoices or abuse / violations. Requests are approved individually at the discretion of the billing department.
- Copyright & Abuse. IonSwitch, LLC is not responsible for copyright infringements caused by what the Customer hosted on IonSwitch's servers. Customers are to respond to any abuse, blacklist or DMCA reports within 24 hours or the service may be suspended, and depending on the severity, your network may be suspended immediately.
- Pornographic Material. Legal pornographic material is allowed to be hosted. Hosting child pornography is NOT allowed and any client found to be doing so will be canceled immediately upon discovery and reported to the proper authorities.
- Suspension and Termination. IonSwitch, LLC will suspend services after 3 calendar days of non-payment. After 14 calendar days of non-payment, services will be terminated along with all data, IP addresses, and other information. Repeated failure to pay invoices with termination will lead to account termination and refusal of service. Attempts to defraud IonSwitch, LLC results in instant account termination.
Banned Services. All the following services or activities are strictly prohibited at IonSwitch, LLC:
- IRC servers
- Traffic Exchange, HitLeap, Automated Browsing, Crawlers, iMarcos, AutoSurf etc.
- Pirated Content / Warez / Topsites / Illegal Content
- Email Marketing / Mass Mailing / Email Spamming of any type. We require all customers to follow the FTC CAN-SPAM Act
- Lottery / Gambling Sites / Bank Debentures / Bank Debenture Trading Programs
- Fraudulent / Phishing / Replica Sites
- Public Proxies / Public VPNs / TOR Exit Nodes / Anonymizers
- Virtual Currency Mining (including but not limited to bitcoin)
- DDoS-prone applications or booters / flood scripts / IP spoofing software
- IP Scanners / Port Scanning or Bruteforce Programs without consent
- Open DNS resolvers or recursors
- Cracking tools / illegal software key generators
- Programs that cause hardware resource / network abuse
The service may be suspended and no refunds will be provided if customer is found to be running anything listed above. This list is not exhaustive and is intended to give customers indication of the types of uses that are disallowed at IonSwitch, LLC.
- Email Communication. All customers are subscribed to our email newsletters upon signing up. The customer may opt-out from the client area or by clicking the unsubscribe link embedded in each newsletter. Transactional, service-related, account-related, operational and notification emails will be sent regardless of the subscription status.
- Privacy. Message and data encryption is possible on IonSwitch, LLC, however Customer is solely responsible for encoding their web site, content, and data to conform with generally accepted encryption standards, and Customer indemnifies and holds IonSwitch, LLC harmless for any compromise of Customer's encryption method. IonSwitch, LLC respects the individual privacy of each customer, however breaches in security and personal mistakes on the part of our employees do happen. Customer agrees to indemnify and hold IonSwitch, LLC harmless and blameless for any compromisse of personal, business, or private information in any form.
- Miscellaneous. Failure by either Company (IonSwitch, LLC) or Customer to enforce any of the provisions of this Agreement or any rights with respect hereto or the failure to exercise any option provided hereunder shall in no way be considered to be waiver of such provisions, rights or options, or to in any way affect the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
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