The inpedigree application and inPedigree.com exist to provide the ability for users to host a website on the world wide web and to display their facilities and their animals in an easy to use way. inPedigree.com and its owners are in no way responsible for the breeding practices, selling practices, facilities or animals of any of its users. While we do not condone or support puppy mills or brokers in any way, it is beyond the scope of our services to police such practices.
By using any portion of inPedigree's service, you are agreeing to this service agreement on this document entirely.
1. Domain Name Registration and SSL certificates
- .1 We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.
- 1.2 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.
- 1.3 We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute
- 1.4 We shall not release any domain to another provider unless full payment for that domain has been received by us.
- 1.5 inPedigree reserves the right to revoke or refuse an SSL certificate with or without prior notice
- 1.6 inPedigree reserves the right to increase/decrease our SSL prices at anytime with or without prior notice
- 1.7 inPedigree reserves the right to provide the customer with another equivalent SSL certificate should the advertise one not be available
- 1.8 inPedigree provides no warranties or guarantees on the nature and functionality of the certificates.
- 1.9 inPedigree does not provide technical support for SSL certficates apart from installing it for you
- 1.10 SSL certificates issued free of charge because it was part of your package can be used on either inPedigree servers or another website not hosted by us. The choice is up to the customer. The SSL cert will be revoked if the hosting account is canceled unless the customer begins paying for the certificate at our advertised prices.
- 1.11 SSL Certificates & Free domains can only be received after successful payment and after our 16 day money back guarantee period has ended.
- 1.12 inPedigree reserves the right to charge an administration fee of up to 12% for the handling of adding funds to the domain reseller account.
2. Personal Web Hosting Account
- 2.1 The inpedigree application is provided free of charge to those accounts hosted with inPedigree.com. Users are not permitted to resell this application or install it on another server. Should a user's account be terminated by request or due to non-payment, their inPedigree site files or database will not be saved or provided to them.
- 2.2 Customer may not resell space in their account. Personal accounts are to be used by the primary owner only, account holders are not permitted to resell, store or give away web-hosting services of their website to other parties. This includes email services, cgi scripts, mySql services Web hosting services are defined as allowing a separate, third party to host content on the owner\'s web site. Exceptions to this include ad banners, classified ads, and personal ads. Should customer wish to host materials for companies that are not under direct control of customer, arrangements should be made by opening a ticket with our billing team at http://www.inPedigree.com/support/. Failure to comply with this is grounds for immediate suspension of account until such time as the issue is resolved. Unauthorized Reselling or Providing Access Personal Account Services such as offering email services and accompanying features for use by individuals outside of the required use on your own account; the reselling or giving away of CGI and other scripts installed on inPedigree Servers; or providing access codes to individuals not authorized to receive such materials as necessary for the running of your website or account.
3. Use of services
- 3.1 Excessive CPU, Bandwidh or Disk Space Usage has the ability to compromise our shared hosting environment. This is the result of using the system in a manner that encumbers disk space, processors or other system resources beyond the allowances of your specific plan type and to the degree that your usage compromises the hosting accounts of our other customers
- 3.2 Excessive resource usage - cgi scripts or other executable code that consumes an undue amount of CPU time [defined dynamically by inPedigree at will] will be reprioritized if possible, or we will ask you to discontinue its use either permanently or until the script is altered by yourself or third party to operate in a less resource-hungry manner. Failure to cease operator of the offending executable will be considered as server abuse. inPedigree reserves the right to terminate any process which it deems to be using excessive resource usage.
- 3.3 Background processes - background process [that is, application or utilities that are started from within an interactive shell login, and set to run permanently in the background on a server] are not to be initiated without prior arrangement with use. We reserve the right to examine all code before it is run on the server. Running of background processes without prior arrangement in and confirmation in writing from inPedigree is server abuse.
- 3.4 Compiling - User rights to access compiler software is available upon request and arrangement. Once again, we choose to examine any code that is compiled and executed from our hardware. If you need access to the CP compiler, please contact us describing your need for access. Compiling without prior arrangement and written confirmation is server abuse.
- 3.5 Mailing Lists - inPedigree has allocated tools to ensure proper delivery of opt-in opt-out mailing lists and normal email. It is important that you use these tools accordingly. All full packages include access to the pre-installed Mailman Mailing List Software. Large mailing lists, (those exceeding 500 subscribers) sent using the inPedigree Services, must be sent using the mailing list tools that have been pre-installed for this purpose. If your mailing list exceeds 1,500 addresses you should contact inPedigree requesting permission to send the mailing through the inPedigree servers prior to sending any messages. Sending a large mailing through mailing list software other than inPedigree pre-installed software can adversely affect the flow of email. Should such a large mailing disrupt normal services or create unacceptable server loads, the account associated with the mailing risks termination.
- 3.5a Mailing lists operated on inPedigree servers must be double opt-in with specific clear instructions in order to opt-out
- 3.6 Pornography - inPedigree prohibits the storage and transmission (inbound and outbound) of pornography with the exception of softcore erotic art. Written permission must be obtained before any pornographic material is stored and/or transmitted through inPedigree servers.
- 3.7 Copyright software, Warez, destructive applications, copyright media, proprietary computer information and hacking & cracking sites are strictly prohibited on any portion of our services and network. Customers storing & transmitting (inbound and outbound) files that violate copyright or other federal laws are grounds for instant termination of service.
- 3.7a Warez Sites are sites that are typically used by "hackers" to trade (upload/download) illegally pirated copies of software programs with one another. inPedigree Hosting has a zero-tolerance policy on all Warez Sites. Sites that become a trading post for "warez" programs will be reported to any and all regulatory, administrative, and/or governmental authorities for prosecution. In addition to your account being deleted from our servers, you may face legal action that can be taken against you by the programmers/software companies of the copyrighted software.
- 3.8 Any incident of server abuse is grounds for immediate and unconditional account termination. Common examples of abusive practices are listed below and inPedigree Hosting reserves the right of interpretation as to what constitutes abusive practices. In short - if you are unsure that your actions may be perceived as an abuse of service, contact inPedigree Hosting directly to check with us before proceeding.
- 3.8a Ignorance of your actions and consequences does not exempt you from liability
- 3.8b inPedigree reserves the right to financially penalise any customer violating this agreement. The amount the customer is penalised is determined by inPedigree. The customer agrees to pay all financial penalties placed by inPedigree in full and within 30 days.
- 3.9 Email abuse - Unsolicited Commercial Email ['Spam'] is implicitly forbidden. This is considered server abuse and is grounds for immediate termination.
- 3.10 Trafficking of illegal content - in the same way that storing illegal content on your account is banned, likewise is the utilization of your account to traffic illegal content, by any means or method, it must not reside on nor pass through a inPedigree servers.
- 3.11 IRC sessions - Using inPedigree Hosting servers to run an Internet Relay Chat [IRC] session is grounds for immediate termination. This includes the use of BNC and other redirection servers to indicate a source address on any inPedigree Hosting server. Running IRC from our servers makes them targets for attack. Don't run IRC sessions, IRC bots, IRC servers or IRC proxies. IRCs, Chat Rooms, MUDs, etc. Also software used in the maintaining of an IRC connection (daemons), 'bouncers', 'eggdrops' and the like are strictly prohibited.We will give no warning before terminating this activity and the account responsible.
- 3.12 Hacking / Denial of Service - Network activity that constitutes an attack on any internet host from a inPedigree is grounds for immediate termination of likely prosecution.
- 3.13 inPedigree prohibits any portion of its services to be resold without charge. This includes but not limited to: entire hosting accounts, email services, scripts, FTP accounts, MySQL databases, applications, licenses, webspace and bandwidth (this includes image hosting and file/data hosting services, either free or subscription/fee based).
- 3.13a inPedigree prohibits the use of any portion of our systems to be used primarily to serve file download services.
- 3.13b Proxy websites and similar are prohibited
- 3.14 Any reselling of inPedigree services is prohibited unless clearly stated otherwise. Portions of a cPanel shared account may not be resold under any circumstances. Only resources in WebHostManager may be resold under a reseller agreement (i.e. with the purchase of a reseller package).
- 3.15 inPedigree backs up data for its own use and disaster recovery. The customer is encouraged to make their own backups. Customers may request 1 free restore per month. inPedigree makes it backups to an offsite location. We do not make any guarantees on the integrity and reliability of the backups.
- 3.15a inPedigree reserves the right to disable backups being performed on cPanel accounts larger than 4GB. You are responsible for monitoring your total cPanel account file space usage
- 3.16 inPedigree guarantees a 99.9% network uptime guarantee to VPS customers.
- 3.17 inPedigree has the final say and will determine the uptime of our servers and will base its uptime on our own monitoring systems. External monitoring statistics set up by customers will not be considered as evidence of uptime/dowtime.
- 3.18 Only one promotion can be used when ordering. Multiple promotions cannot be combined together and used together. Only one promotion per paying account. inPedigree reserves the right to refuse a promotion to a customer.
- 3.18a inPedigree reserves the right to revoke a promotion already being used or a new promotion introduced with or without prior notice
- 3.18b inPedigree reserves the right to reduce the advertised time of the promotion running time with or without prior notice
- 3.2 inPedigree reserves the right to suspend in part, or in full accounts that have exceeded their allocated webspace/bandwidth.
- 3.2.1 You agree and understand that inPedigree will charge you for any resources used in excess of your purchased allocated amount at the rate of $3.50 per GB (rounded up to the nearest GB) for each GB of either webspace or bandwidth that has been utilised which was not part of your purchased allocated resources
5.0a All accounts are set-up on a pre-pay basis only
- 5.1 All invoices are due on the date stated on the issued invoice(s). inPedigree reserves the right de-activate/suspend your hosting account should the invoice not be paid on the stated due date.
- 5.1a inPedigree reserves the right to charge a 25% late fee of the total invoice value for any account that has not been paid in full on due date stated on the invoice.
- 5.1b inPedigree may at its own discretion provide a grace period to customers with an overdue invoice. The grace period will be determined by inPedigree. inPedigree may not inform the customer of the grace period.
- 5.2 inPedigree will suspend your account if outstanding bills have not been paid by the stated due date on the issued invoice(s).
- 5.2a If after 7 days outstanding bills owed to inPedigree have not been paid in full and no further credit arrangements have been made, inPedigree will terminate all hosting accounts and deactivate all other services purchased through inPedigree until all owed amounts have been paid in full.
- 5.2b Accounts will continue to accumulate invoices and further charges until the customer informs inPedigree of its intentions to cancel the account in accordance with the cancellation procedures set out in section 6 of the terms of service. The customer is obligated and responsible for paying for all accumulated charges.
- 5.3 After account suspension, inPedigree will not provide you with any account backups unless the full outstanding bill has been paid in full before backups are deleted.
- 5.4 inPedigree reserves the right to impose a re-activation fee for accounts that have been suspended
- 5.5 inPedigree reserves the right to impose a late fee for circumstances where your bill has not been paid in full and on time
- 5.6 If you have a credit card on file, you authorise inPedigree to automatically charge the card upon due date.
- 5.7 If you have a credit card on file, but your primary method of payment is not credit card, and your account is overdue, you authorise inPedigree to charge the credit card it has on file.
- 5.8 If overdue accounts remain unpaid for a period of 30 days, inPedigree may pass your details to a 3rd party debt collection company or sell the debt. In such cases, inPedigree will impose a $150.00 collections & administration fee.
6.0 Refunds & Cancellations
- You can only cancel your account by opening a support ticket with our billing department supplying your: Main account domain, username, password, subscription number or latest order number
- 6.1a If you do not cancel using the procedures set in section 6.1, your account will not be canceled and will be subject to charges
- 6.1.1 You must notify inPedigree at least 7 days before your next billing due date
- 6.1.2 If you do not notify inPedigree at least 7 days before your next billing date with your intent to cancel, you will be charged for any subsequent months where the cancellation notice has not been provided to inPedigree at least 7 days before the due date.
- 6.2 Accounts canceled under our 16 day money back guarantee are subject to a full refund for the hosting account only (less any additional fees), UNLESS the account was purchased under a special promotion held by inPedigree.
- 6.2a Accounts purchased under any inPedigree promotion (with our without coupon code) are EXCLUDED from the 16 day money back guarantee.
- 6.2b Any free additional services provided are deducted from the total refund amount of customers requesting a refund under our 16 day money back guarantee.
- 6.3 If you have violated our Terms of Service, the 16 day money back guarantee no longer applies to you
- 6.4 Domains, SSL certificates, IP addresses and any additional services ordered are not governed by our 16 day money back guarantee
- 6.5 If you are requesting credit under our 99.9% uptime guarantee (i.e. we did not provide you with 99.9% uptime), then the request must be submitted within 72 hours of the incident happening. Otherwise the request will be void.
- 6.6 You must allow up to 30 days for credit and refunds to be processed and applied to your accoun
- 6.7 If you have paid yearly for your account but cancel while having unused months not yet paid for, the remaining unused amounts will not be refunded. Customers have 16 days to request a refund regardless of how many days, weeks, months or years you have paid for
- 6.8 If you are using our domain reseller account services, and cancel your account, the domain reseller account will be suspended and any funds loaded in the domain reseller will be forfeited. Any domains in the domain reseller will also be forfeited. The customer is thus responsible for transferring any domains away from our domain reseller before terminating an account with us.
7.0 Support Restrictions
- 9.1 inPedigree does not provide support for 3rd party scripts including all scripts listed in Fantastico, RVSiteBuilder, ClientExec and any other script unless explicitly stated.
- 7.2 If you open a ticket requesting support for a 3rd party script, your ticket will be reprioritized as low priority and may be closed without an answer.
- 7.3 The offer of any particular service does not constitute an obligation on inPedigree part to tutor the necessary skills to utilize that service, only to provide system-specific information.
- 7.4 problems with domain names/DNS issues are NOT directly the responsibility of inPedigree . DNS is a cooperative system and works solely because the parties involved in running the system agree to cooperate in the furtherance of the DNS/domain system. We will do our best to isolate the source of the problem at hand, however unless this source is hardware directly under the control of inPedigree, then the task of acquiring a solution will fall back into your hands. inPedigree will advise when requested, but rarely intermediate in domain issues not directly related to the operation of one of our DNS servers.
- 7.5 inPedigree covers free initial migration from your previous host. This service is limited to cPanel/WHM to cPanel/WHM transfers. We offer basic troubleshooting after account migration to ensure things have been transferred successfully. inPedigree does not cover 3rd party script troubleshooting. It is your responsibility to ensure your scripts are compatible with our server environment.
- 7.6 The same support restrictions also apply to our end-user support
8.0 Lawful Purpose
- 8.1 inPedigree reserves the right to refuse service to anyone. Customers may only use inPedigree server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of inPedigree Hosting management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in United Kingdom, England, and any dispute will be litigated or arbitrated in United Kingdom, England.
- 9.1 CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD inPedigree HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST inPedigree, ITS AGENTS, 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 CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS inPedigree AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH inPedigree SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM inPedigree SERVER.
- 10.1 inPedigree WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. inPedigree MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE
PROVIDE. inPedigree DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY inPedigree AND ITS EMPLOYEES. inPedigree RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
- 10.2 INPEDIGREE RESERVES THE RIGHT TO CANCEL/SUSPEND/TERMINATE YOUR ACCOUNT AT ITS OWN DISCRETION WITH OR WITHOUT REASON IF IT FEELS THE ACCOUNT WILL CAUSE DAMAGE TO THE ORGANISATION OR ANY OTHER REASON. INPEDIGREE RESERVES THE RIGHT TO ALTER THE SERVICES PROVIDED AT ANY TIME WITH OR WITHOUT NOTICE.
- 10.3 ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF inPedigree MUST ADHERE TO THE MENTIONED HERE POLICIES.
- 10.4 FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
11.0 Intellectual Property Rights
- 11.1 Material accessible to you through inPedigree services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use inPedigree or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the inPedigree network. If you use a domain name in connection with inPedigree or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
- 11.1 inPedigree reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service). All users of inPedigree Internet services, and their clients, must comply with this AUP and our TOS (Terms of Service). Please check back regularly for any updates
12.0 Acceptable Use Policy (AUP)
ACCEPTABLE USE POLICY
This Acceptable Use Policy document, including the following list of Prohibited Activities, is an integral part of your Hosting Agreement with inPedigree. If you engage in any of the activities prohibited by this AUP document inPedigree may suspend or terminate your account.
inPedigree's Acceptable Use Policy (the "Policy") for inPedigree Services is designed to help protect inPedigree, inPedigree's customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by inPedigree. inPedigree reserves the right to modify the Policy at any time, effective upon posting at http://www.inPedigree.com/tos.htm.
Prohibited Uses of inPedigree Systems and Services:
A. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
B. Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through inPedigree's servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on inPedigree's servers, is prohibited. inPedigree accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
C. 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 inPedigree customers must be Closed-loop ("Confirmed Opt-in"). 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 inPedigree-hosted domain, or referencing any inPedigree account, is prohibited.
D. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, 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.
E. 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.
F. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").
G. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
H. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any inPedigree customers or end-users by any means or device.
I. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the inPedigree network or on another provider's network.
J. Using inPedigree's Services to interfere with the use of the inPedigree network by other customers or authorized users.
Customer Responsibility for Customer's Users
Each inPedigree customer is responsible for the activities of its users and, by accepting service from inPedigree, is agreeing to ensure that its customers/representatives or end-users abide by this Policy.
Complaints about customers/representatives or end-users of an inPedigree customer will be forwarded to the inPedigree customer's postmaster for action. If violations of the inPedigree Acceptable Use Policy occur, inPedigree reserves the right to terminate services with or take action to stop the offending customer from violating inPedigree's AUP as inPedigree deems appropriate, without notice.