IWANDO (“Company”) agrees to provide services to the Subscriber (“Client”) subject to the following Terms of Service.
1. Services. IWANDO will provide the hardware, operating system (OS), system software and Internet connectivity as specified on the Company’s web site, for the specific plan the customer subscribes to. IWANDO will provide the customer with the root access password for the assigned server.
2. Excluded Services. Custom or third party software installation, software maintenance and troubleshooting, software patches and upgrades, custom scripts. System Administration time is available based on hourly rates.
3. Acceptable Use Policy (AUP). IWANDO Service constitutes acceptance of agreement to IWANDO Acceptable Use Policy (AUP). AUP is available online at https://iwando.com/acceptable-use-policy-aup/
4. Actions in the event of Non-Payment. Services will not be activated until the initial payment and executed agreement are received by IWANDO. Thereafter, services will be put on hold if the customer fails to pay by the due date. It is the customer’s responsibility to make sure that the Provider receives the payment due by the payment due date. Returned checks or rejected credit cards will cause an immediate disruption to your service. Service will be re-activated only after the Customer cures such breach. If the customer fails to cure this breach within 10 days, the service and potentially the entire account will be canceled.
5. Billing Policy. The complete IWANDO billing policy is available online at http://iwando.com/billing-policy The primary points pertaining to Servers are detailed below.
a) Reminders. IWANDO provides Email Billing Reminders to all customers, sent to the Billing Contact listed in the online account manager. An Initial Reminder is sent 10 days before the account becomes due, and a Final Reminder is sent 1 day before the account becomes due. These reminders reflect amounts which are currently due (current statement) as well as items which will become due in the near future.
b) Due Date and Proration.
(i) The account due date is set when the first product is purchased from IWANDO.
(ii) All subsequent purchases regardless of purchase date are pro-rated to match the account due date, with the exception of Bandwidth Overage Charges & Domain Renewals.
(iii) Pro-ration occurs the 2nd time the purchase is billed. For monthly purchases, this will be on the 2nd month.
(iv) Overages (charges for Bandwidth that occur throughout the month regardless of the account due date) must be paid within 10 days of being posted to the account.
(v) Domain Renewals may be due at any time during the month depending on the domain’s actual renewal date.
(vi) A 10 day billing reminder will be sent for any additional charges which do not coincide with the standard account due date.
c) Reseller Sub-accounts. Since IWANDO provides turnkey reseller tools for all of our customers, these same billing policies are enabled for each account that our customers resell (2nd level accounts).
(i) Customers of IWANDO resellers (2nd level accounts) will have due dates based on the date in which they first purchased services from a IWANDO reseller.
(ii) Any subsequent purchases made by each of those 2nd level customers will be prorated to that specific customer’s due date.
(iii) This may result in top level IWANDO customers (direct customers) having more than 1 due date per month.
d) Auto-Payment. Auto-Payment using credit card or bank check is the most efficient method of payment.
(i) Accounts which are set up for Auto-Payment will have the monthly total charged 10 days before the account due date. The 10 day window is provided to correct any errors which arise from expired credit cards, etc.
(ii) Confirmation and failure notices for auto-payments are sent to the billing contact for notification purposes.
(iii) Should an auto-payment decline, IWANDO will attempt to re-charge the card on file 1 day prior to due date, and again on the actual due date. Customers will receive notification each time an attempt is made.
e) Suspension of Services. IWANDO accounts are automatically polled at 12:00pm PST the day following the due date, at which time unpaid services are automatically suspended.
(i) Suspended services are reactivated only after receipt of payment in full.
(ii) Entire Server Clusters are suspended if any 1 item in the Cluster is unpaid.
f) Deletion of Services. Some services will be deleted under the following circumstances:
(i) Dedicated Servers which are overdue for more than 10 days will be deleted and the data will no longer be accessible to the customer.
(ii) Dedicated Servers or Websites with unresolved Abuse or AUP matters which are not responded to within 10 days will be considered abandoned and will be deleted from the offending account.
g) Pre-Payment. All IWANDO services are pre-paid. In order to add new services, each customer must carry a balance large enough to purchase the needed service, or must pay at the time of purchase.
h) Invoices. Billing account information is available 24 hours a day through the online account manager: admin.cari.net. IWANDO does not offer physical billing invoices at this time. All billing messages are provided via email.
i) Payment Methods. IWANDO accepts the following methods of payment:
(i) Credit Card – Visa, Mastercard, American Express, and Discover. To combat fraud, one-time identity verification is required for all international and certain US credit card payments, at IWANDO’s sole discretion. The authorization form is located at https://iwando.com/ccauth
(ii) PayPal – The PayPal tool is located within admin.cari.net. PayPal payments are only accepted for new customers if they are already verified by PayPal.
(iii) Check – please mail check to 800 W El Camino Real #180, Mountain View, CA 94040
(iv) Electronic Check – to pay by electronic check, please fax a completed check to 1-650-285-3417
6. Renewal of Contract. This contract is valid for a period of time selected by the customer upon initial purchase. This “billing cycle” may be a period of one month (“month”), three months (“quarter”), six months (“semi-annual”), or twelve months (“annual”). At the end each cycle, the contract is automatically renewed for another billing cycle unless explicitly terminated by the customer as detailed in item 7 below.
7. Termination. IWANDO reserves the right to terminate this agreement at any time without notice in the event of a breach of the agreement unless there are specific provisions for resolving this breach and these provisions are met by the customer. The customer may also elect to terminate this contract at any time by completely deleting the service from their account. Prorated refunds are not provided under any circumstances for unused time remaining in the current billing cycle.
8. Disputes. All payments to IWANDO are not refundable. If you dispute a charge you must pay the whole amount to avoid service interruption and E-Mail firstname.lastname@example.org or open a case through your account at https://iwando.com/login. That will notify us about the disputed amount. You will receive a response within 7 business days. Should IWANDO validate your claim, your account will be credited.
9. Limited Liability. PROVIDER SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE PRODUCT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF USE, LOST DATA, LOSS OF PRIVACY, DAMAGES TO THIRD PARTY EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIMS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR OTHERWISE. IT WILL BE CLIENT’S RESPONSIBILITY FOR THE USAGE OF HIS ACCOUNT AND ANY CONSEQUENCES OF THIS USAGE.
10. Technical Support. IWANDO provides 24/7 live front line technical support. Case support is also available at http://support.iwando.com located under SUPPORT/CASES .In addition our online knowledgebase can be found at https://iwando.com/login in your admin account under SUPPORT/FAQs. Live online chat is also available, located on our website at https://iwando.com
11. Excluded Support. IWANDO only supports direct customers, not customers’ clients. IWANDO will not support your software applications. IWANDO will not provide training to you on how to configure or administer your servers or HTML programming or any other scripting languages.
12. Anti-Spam Provisions. IWANDO operates under a strict “No Spam” policy. The sending of any unsolicited e-mail advertising messages from, to, or through IWANDO’s services may result in the imposition of civil liability against the sender, in accordance with California Business & Professions Code Section 17538.45. A copy of the California Business & Professions Code may be obtained on-line from http://www.leginfo.ca.gov. “Unsolicited bulk” messages include, but are not limited to, commercial advertising, informational announcements, and political or religious tracts. IWANDO reserves the right to check all known commercial and public databases for information regarding prior history of unsolicited mail sending, and may choose to deny or terminate services based on this information. Individuals identified as “ROKSO” level abusers will be denied service immediately.
13. Customer is responsible for all actions taken or caused to be taken in Customer’s use of the service. As a condition of service, Customer agrees to indemnify and hold harmless IWANDO’s officers, employees, agents, shareholders, and partners from any cause of action originating from use of the service.
14. Indemnification. Customer shall indemnify, defend by counsel reasonably accepted by IWANDO, protect and hold IWANDO and its directors, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, damages, expenses, including attorneys’ fees and court costs, demands, or judgements directly or indirectly arising out of or related to the services.
15. System and Network Security. Security is an important part of your Internet-based business, and it is important that our customers understand the security policies we apply to the servers at IWANDO. Every server our customers sign up for is built using our latest operating system builds, and contains the latest vendor-supplied patches.
However, as we do not maintain control over the actual operating system, we do not claim responsibility for our customers’ servers. Keeping the security of a server up-to-date is a continuous task, and is the responsibility of the customer.
While our builds provide the initial security to keep your data secure, new security problems arise with all server types every day, and we cannot maintain the security of all of the systems operated by our customers. The only exception to this case is servers that are directly maintained by our company, such as the servers that are under our managed servers, and also the Remote Back-up Services, to which the customer does not have shell access. IWANDO will maintain the security on these systems.
In the event of a system compromise on a host we are not maintaining, it is the responsibility of the customer to back-up their data and contact us to take action. Our policy is to immediately re-install any compromised servers on our network, as they pose a threat to all of our systems. We can perform a re-install for a $50 re-installation fee. The typical downtime during one of these re-installs is about one hour.
16. IRC Activity. We discourage IRC activity on the IWANDO network because it attracts network attacks far more than any other activity. If your server is attacked or is used to attack other hosts and is found to be running IRC, IWANDO may disconnect your IRC server and require you to supply a $500 security deposit to cover costs associated with future network attacks. At the end of your term of service with IWANDO (or if you discontinue IRC activity), we will refund the deposit if there have been no network attack incidents. Email email@example.com for details on how to make this payment.
17. Action by IWANDO in Security Violation. IWANDO reserves the right to act immediately regarding security violations. This may include without limitations the immediate disconnection of servers without notice or termination of services.
19. Content. Customer is solely responsible for the content on the server(s) subject to the services.
20. 14-Day Money Back Guarantee.
a) IWANDO guarantees the following regarding dedicated servers:
(i) Servers will be provided free of any hardware or software defects.
(ii) Servers will receive uninterrupted power and network service.
(iii) IWANDO’s service team will be available via phone or the case system 24x7x365.
b) If these conditions are not met during the first 14 days after a server is purchased, a refund will be granted under the following conditions:
(i) Guarantee applies to first time purchasers only.
(ii) 14 Day period begins when the customer receives server login information.
(iii) Refund will be provided only if the customer experiences technical problems caused by or related to items 100% controlled by IWANDO.
(iv) Refunds are not given for downtime caused by customer actions or 3rd party software.
(v) Amount refunded will be the Setup fee and first month’s service, minus a $50 restocking fee.
(vi) Refund is granted at IWANDO’s sole discretion.
(vii) Refund decisions made by IWANDO are final.
21. Venue. This Agreement was entered into in the State of California and its validity, construction, interpretation and legal effect shall be governed by the laws and judicial decisions of the State of California applicable to contracts entered into and performed entirely within the State of California.