aup

This Acceptable Use Policy (the "AUP") governs your use of all products and services (collectively, the "Services") offered by ITPotato, as may be further described in any written proposal submitted by ITPotato to you or any service order forms submitted by you and accepted by ITPotato (collectively, the "Service Order Form"). This AUP applies to you and your employees, agents, contractors, or other users who obtain Services from ITPotato (each such person or entity being a "User").

BY REGISTERING FOR AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AUP AND AGREE THAT YOU AND YOUR USERS WILL BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AUP.

Right to Service

ITPotato's service will be provided on an "as is, as available" basis. Further, ITPotato provides no warranty, written, expressed, or implied, for any Web Hosting and other services provided, including, without limitation, warranty of the merchantability and warranty of fitness for a particular purpose. This expressly includes any reimbursement for losses of income due to disruption of service by ITPotato or its providers beyond the fees paid to ITPotato for services.

Customer and Customers's Users will use the Web Hosting and other services in a manner consistent and compliant with any and all applicable laws of the State of California and the U.S. Federal Government.

Use of any information obtained by way of ITPotato is at User's own risk, and ITPotato specifically denies any responsibility for the accuracy or quality of information obtained through its services. ITPotato makes no warranty, written, expressed or implied of any guaranteed uptime, or that the service will function at a reliable level based on past performance.

ITPotatois not responsible for any damages arising from Customers's or Customer's Users' use of ITPotato's Services or by any inability to use the Web Hosting and other services for any reason. ITPotato shall make every reasonable effort to protect data stored on ITPotato's Server(s). ITPotato is not responsible for Customer or Customer's Users' data, files, or directories residing on ITPotato's equipment. Customer is solely responsible for maintaining data, files, and back-ups.

Limit of Liability

ITPotato shall not be liable for any content posted, opinions expressed, or actions taken by any of the Users of Company services. Any conduct that violates the laws, regulations, or the accepted norms of the Internet community or the community standards in which the User lives, whether expressly mentioned in this Agreement or not, is strictly prohibited. ITPotato reserves the exclusive right to prohibit any activities that it deems will adversely affect its commercial reputation or goodwill, endanger its network, impact its Customers, or expose it to liability or tort.

Modification of Agreement

ITPotato reserves the right to add, modify, or delete any provision of this Agreement at any time and without notice. ITPotato reserves the exclusive right and will be the sole arbiter as to what constitutes a violation of any of these provisions.

Misuse of System Resources

It is a violation for anyone who, including but not limited to, employs posts or programs that consume excessive CPU time, server memory, or storage space; permits the use of mail services, mail forwarding capabilities, POP accounts, or auto-responders other than for their own account; or resells access to CGI scripts installed on ITPotato servers. ITPotato reserves the right to immediately and without notice to the User, terminate any service or process that uses a disproportionate amount of any system resources. Potentially Tortuous or Illegal Conduct

The following shall be construed as violations of this Agreement and may result in suspension or deletion of a Customer's Users' account or in Termination of this Agreement.

ITPotato products and services may only be used only for lawful purposes. Transmission, distribution, or storage of any material in violation of any applicable law or regulation is strictly prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, or material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Non-acceptable content or links may include, but are not limited to: Pirated software, Hackers' programs or archives, Warez, Game Mods or Patches, Irc Bots, Chat Sites/Servers, Pornography and Adult Content, TGP, or any other file or media deemed by ITPotatoto be illegal or for which Customer or Customer's Users do not have the legal right to use, post, or otherwise store on Company servers.

No one shall post defamatory, scandalous, or private information about a person without their consent or with intention to inflict emotional distress, or post any information that violates any rightful trademarks, copyrights, or other intellectual property rights.

Sending unsolicited email messages ("Spam") from or through ITPotato's servers, including, without limitation, commercial advertising or informational announcements, shall be prohibited. ITPotato reserves the right to terminate this Agreement and any other accounts under Customer's account if ITPotato determines that unsolicited mass email has occurred or if ITPotato receives complaints that unsolicited email messages have been sent from Customer's account.

Posting to any Usenet or other newsgroup, forum, email mailing list or other similar group or list articles with the intent to engage in commercial advertising or informational announcements.

Engaging in any of the foregoing activities using the service of another provider, but channeling such activities through a ITPotato-provided server, or using a ITPotato-provided server as a mail drop for responses.

Any unauthorized distribution or copying of copyrighted material, violations of U.S. export restrictions, harassment, fraud, dealing in contraband, and other illegal activities, or dealing in content and material that has been deemed illegal in the User's community, state, province, or municipality.

Falsifying any User information provided to ITPotatoor to other Users of the service in connection with the use of a ITPotato service.

System and Network Security

Violations of system or network security are strictly prohibited, and may result in criminal or civil liability. Examples include, but are not limited to: allowing unauthorized access, use, probe, or scan of any ITPotatosystem, security, authentication measures, data or traffic; interference with service to any User, host or network, mail bombing, flooding, or attempts to overload a system or broadcast attacks. Customer's or Customer's Users shall not engage in forging of any TCP-IP packet header, email headers, or any other information provided or passed through ITPotato Systems or Network at any time.

Domain Name Agreements, Restrictions, and Transfer Policies

Under ICANN policy, ITPotatois prohibited from allowing the transfer of domain name Registrars during the first sixty (60) days after initial registration of the domain name. This applies to ALL domain names, regardless of where they are purchased. Domain names cannot be transferred to or from ITPotato's system within this period. Beginning on the sixty-first (61st) day after the initial registration, the procedures for transferring domain names can be completed without restriction. The full ICANN policy concerning domain name registration can be found at ICANN.ORG.

Domain Name Transfer Notifications

ITPotato does not guarantee that all domain name transfers or updates to DNS records, MX records, Aliasing Records, URL forwarding, domain name forwarding or other Registrar or DNS-related service or product will succeed.

DNS Information

ITPotato shall not be responsible for updating any of the DNS records or entries for transferred domain names. Customer shall have sole responsibility for ensuring that all relevant DNS entries for domain name(s) are correct. Fees paid for transferred domain names are not refundable if the transfer fails for any reason. This may include, but is not limited to: timeouts resulting from a delay in owner or registry approval, incorrect contact information in the WHOIS record, or attempted transfers of domains that are not transferable for any other reason. [edit] Consequences of Violation

If ITPotato becomes aware of an alleged violation of any of the terms contained in this Agreement, or any other policy that has been posted on its web site, made available to Customer via email, or posted in any other form, ITPotato shall initiate an investigation. During the investigation, ITPotato may restrict Customer or Customer's Users' access to ITPotato products and services in order to prevent further possible unauthorized activity. ITPotato may, at its sole discretion, restrict, suspend, or terminate Customer's account without notice or refund, or pursue civil remedies as it deems necessary. ITPotato shall notify the appropriate law enforcement department of any such violations. ITPotatoshall not be responsible for any payment, refunds, or compensation in any way for service disruptions or termination resulting from violations of this Agreement.

Prohibited Use

ITPotato's services may only be used for lawful purposes. Users may not use ITPotato's Services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:

Mail/SPAM

Utilizing the Services to send mass unsolicited e-mail to third parties. Provided, however, that Users may use software programs or services provided by ITPotato to send unsolicited commercial e-mail so long as the User ensures that such transmissions comply with all applicable state, federal and international regulations, rules and laws, including, without limitation, the U.S. CAN-SPAM Act of 2003.

Utilizing the Services to be involved in the distribution of tools designed for the aiding of unsolicited bulk email.

Utilizing the Services in such a way that User becomes documented on a recognized SPAM abuse list or if the User has previously been denied access from another provider due to similar acceptable use policy violations.

Offer mail services, mail forwarding capabilities, POP accounts or autoresponders other than for the User's own account.

Solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or spam.

Distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam.

IRC

Using Internet Relay Chat ("IRC") on the ITPotato network is prohibited. This includes, but is not limited to, the use of IRC clients, server software, bots or anything related to IRC.

Copyright

Copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;

Misappropriate or infringe the patents, copyrights, trademarks, or other intellectual property rights of any third party; * Traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law;

Export encryption software to points outside the United States in violation of applicable export control laws; or Violate any applicable state, federal and international law.

Local State and Federal Laws

Publish or disseminate information that (A) constitutes slander, libel or defamation, (B) publicizes the personal information or likeness of a person without that person's consent or (C) otherwise violates the privacy rights of any person; or hreaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law.

(D)DoS/PortScans/Unlawful Activity

Cause denial of service attacks against ITPotato or other network hosts or Internet users or to otherwise degrade or impair the operation of ITPotato's servers and facilities or the servers and facilities of other network hosts or Internet users;

Resell access to CGI scripts installed on ITPotato's servers;

Subvert, or assist others in subverting, the security or integrity of any ITPotato systems, facilities or equipment;

Gain unauthorized access to the computer networks of ITPotato or any other person;

 Provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code;

 Distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services;

Post messages, run scripts or run software programs that consume excessive CPU time or storage space;

In any other manner to interrupt or interfere with the Internet usage of other persons.

Conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator);

Child Porn/Pornography

Customer or Customer's Users will neither store on nor allow to be transmitted by ITPotato equipment any data or other matter which constitutes, contains, or links to child pornography or which involves depictions of sexuality by someone who is or looks younger than eighteen years of age, regardless of their actual age, or by a performer who is portrayed or made to appear as a person under the age of eighteen years of age, or which could otherwise result from or cause harm to minors.

Customer or Customer's Users Data shall not violate any Laws concerning obscenity and shall not contain or link to any pornography, or depictions of bestiality, rape, sexual assault, violence, torture or disfigurement, or other content deemed objectionable by ITPotato, in its sole discretion.

Customer or Customer's Users shall install and maintain appropriate and effective screening devices and/or procedures on Your Web Site to avoid access to, or communication of, any harmful matter or indecent communications to minors.

Customer or Customer's Users agree that if, in ITPotato sole and exclusive judgment, ITPotato concludes that Your Web Site displays, contains or links to any harmful matter or indecent materials or communications which are available to, or accessible by, minors, or displays or contains any material that consists of child pornography or which could otherwise result in harm to minors; then ITPotato may, without prior notice to you and in ITPotato sole and exclusive discretion, either remove and erase the material from Your Web Site, and/or disable public access to the material on Your Web Site, and/or cease hosting Your Web Site, without any liability of any kind to ITPotato from either you or any third party.

General

Forge the signature or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity (including "spoofing") to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames);

In any manner that might subject ITPotato to unfavorable regulatory action, subject ITPotato to any liability for any reason, or adversely affect ITPotato's public image, reputation or goodwill, including, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable material.

Storage Space and Abuse

At least 90% of YOUR web pages ("HTML") must be 'linked' with files (GIF, JPEG, etc.) stored in ITPotatoservers. Customer or Customer's Users account must not be used as the distribution point for any files. Websites found to contain either/or no HTML documents, a large number of unlinked files are subject to fine penalty up to $300, files deletion, or account cancelation at the discretion of ITPotato, with or without prior notice.

ITPotato reserve the rights to terminate any account found to contain file streaming such as audio, radio and video streams (AVI, MPG, MPEG, MOV, MP3, PODCASTS, etc) This violated occurrence will be notified by our content auditing team and you will be given 3 days to backup your files. Should the problem presisted within the allotted time period, the files will be deleted.

Customer or Customer's Users do not qualify for the unlimited service, disk space will go unmonitored until Customer or Customer's Users reach the amount allocated to Customer or Customer's Users specific web hosting plan ("PLAN"). Thereafter, normal website data storage costs $0.20/1MB/month will be billed to Customer account. If you want to pre-pay for disk space overages, you will be billed $0.10/1MB/month.

Customer or Customer's Users will have 3 days to pay for your overages. Failure to do so will result in Customer or Customer's Users website being disabled within 3 days of Customer first notice. This does not apply to co-location clients. Co-location clients will be billed for the overages based on switch reports. Co-location clients must pay for the overages IMMEDIATELY once billing or ITPotato has the sole decision to deactivate any and all servers.

ITPotato will be the sole arbiter as to what constitutes a violation of this provision.

Bandwidth Abuse

The intention of ITPotato is to provide a large bandwidth to transfer web documents, not an offsite storage area for electronic files. No-Limits package are for hosting webpages and webgraphics, and does not allow downloads or streaming media.

Any files that are not viewable in browsers are considered downloads. Maximum webgraphics size should no more than 1500KB. The accounts cannot be used for upload or download portals of any kind. The sale of ebooks and other downloadable material is also prohibited (it might be allowed within reason). If Customer or Customer's Users violate this condition, Customer or Customer's Users will be notified and given fine penalty up to $300 plus 48 hours to solve the issue. Should you neglect to solve the issue within 48 hours, we reserve the right to suspend and cancel you account.

If Customer or Customer's Users do not qualify for the unlimited service, traffic will go unmonitored until Customer or Customer's Users reach the amount of quota allocated to Customer or Customer's Users specific PLAN. Thereafter, normal data transfer cost of $10.00/1GB/month will be billed to Customer's account. If Customer or Customer's Users want to pre-pay for bandwidth overages, Customer or Customer's Users will be billed $5.00/1GB/month.

Three days will be given to pay your overages. Failure to do so will result Customer's website being disabled in three days from YOUR prior notice. This does not apply to collocation clients. Collocation clients will be billed for the overages based on switch reports. THEY must pay for the overages immediately once billed or ITPotatohas the sole decision to deactivate any and all servers.

Reseller Abuse

Our Resellers are not allowed to advertise free hosting services on their website publicly. Customers are allowed to create and offer the free service to your clients, but marketing or advertising those services openly are strictly prohibited. We are not trying to restrict our Resellers' marketing whatsoever, but offering free hosting to clients will not generate any sales income, which is the opposite of what we want our Customers to be able to do as our Resellers. The other downside of free hosting accounts is that they use up our Reseller server's resources such as disk space and bandwidth, which often result in Server Abuse. In addition, any fees charged as a result from these free services will solely be Customer's responsibility and is not refundable by ITPotato

Lawful Purpose

ITPotato reserves the right to refuse service to anyone. YOU may only use ITPotato server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting 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. Examples of non-acceptable content or links: Warez, OGG, AVI, MPEG, ISO, Hacker programs or archives, Copyrighted Digital Movie Copies (DIVX), and Unlicensed MP3. Designation of such materials is left entirely to the decision of ITPotato

If illegal content or usage is found, the account will be suspended and/or terminated. You agree that ITPotato may disclose any and all YOUR information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.

Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in Fremont, California, and any dispute will be litigated or arbitrated in Fremont, California. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Fremont courts. IN NO EVENT SHALL ITPotato com MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.

CGI Scripts

Each shared web hosting account comes with its own CGI-BIN. YOU are free to use any CGI scripts YOU wish, however we reserve the rights to disable any CGI script that effects normal shared server operation without prior notice. (this section does not apply to managed dedicated servers)

Cancellation of Service

ITPotato reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by ITPotato if we institutes our right of cancelation. Any violation of policies which results in extra costs billed to YOU (i.e. transfer, space etc.).

All of ITPotato's Hositng Plans are backed up with 30 days money back guarantee. If YOU are not satisfied with our web hosting services within the first 30 days of YOUR contract, YOU will be given a full refund of the contract amount excluding setup fees, domain registration fees, add-on/upgrade fees and overages. Setup fees are refundable only if the account order is cancelled prior to account activation.

If YOU cancel, the full contract amount less any setup fees and overages will be refunded if ITPotatois notified within the first 30 days following activation. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, domain registration fees, etc. For credit card payment, refunds will be made to a PayPal account made available by the Customer after the 120th day. Refund policy will not be made available to Customers using wire transfers.

To cancel YOUR account, YOU are required to complete the closing request form found under YOUR hosting account control panel CLOSE ACCOUNT menu. YOU have seven (7) days from YOUR closing request submission date to complete the closing procedure, or ITPotato will hold no responsibility to bill YOUR hosting account as per normal. Any billing charged within the seven days verification period will be promptly refunded upon cancelation.

Indemnification

You agree that if shall defend, indemnify, save, and hold ITPotato harmless from any and any all demands. Liabilities, losses, costs and claims, including reasonable attorney's fees asserted against ITPotato, its agents, its customers, offers, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by you, your agents, employees or assigns. You agree to defend, indemnify, and hold ITPotato harmless from liabilities arising out of:
(1) Any injury to person or property caused by any products sold or otherwise distributed in connection with ITPotato's server or services.
(2) Any material supplied by the customer infringing or allegedly infringing on the proprietary rights or a third party.
(3) Copyright infringement and
(4) Any defective products sold to customer from ITPotato's server or services.

Disclaimer

ITPotatowill not be responsible for any damages your business may suffer. ITPotato makes no warranties of any kind expressed or implied for services we provide. ITPotato disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong deliveries, and any service interruptions caused by ITPotato and its employees. ITPotatoreserves the right to revise its policies at any time. All sub-network, resellers, and dedicated servers of ITPotato must ad here to the above policies. Failure to follow any term or condition will be grounds for immediate account cancellation.