InterServer's terms of service apply to all content, domains, and clients with the InterServer network.
Please read the following Terms Of Service agreement before proceeding, then continue ordering. These policies are designed to protect the best interests of our customers as a whole. InterServer's policy is to act as a neutral provider of access to the global Internet. We reserve the right to suspend or cancel a customer's access to any or all services provided by us if it is decided that the account has been inappropriately used.
All shared hosting services are intended for the end-user only and may not be subleased, sold or given to third parties
Any products and services to be provided to Client will be at a professional level of quality conforming to generally accepted industry standards and in compliance in all material respect with all applicable laws and regulations. Except as otherwise expressly provided in this agreement, Interserver does not make and hereby disclaims any and all other warranties, expressed or implied including any and all warranties of merchantability or fitness for a particular purpose.
Clients are responsible for frequently backing up their files on our system. InterServer cannot be held responsible for the deletion of users' files, whether intentional or unintentional.
InterServer will bill for services rendered which are due within seven (7) days. Client authorizes InterServer to charge credit card supplied by Client if stored within our billing system. Paypal or check/money orders are also accepted if Client chooses not to store a credit card.
InterServer may discontinue service for failure to make payment for initial fees or any re-occurring fees thereafter. Interserver reserves the right to refuse, suspend, or cancel service pending receipt of a valid payment.
All services provided by Interserver may be used for lawful purposes only. InterServer is located the United States as the basis for lawful purposes. Transmission, storage, or presentation of any information, data, or material in violation of any United States federal, state, or New Jersey local law is strictly prohibited. This includes but is not limited to copyrighted or trademarked material and material protected by trade secret.
Warez Policy: Actual files, including but not limited to pirated software, hacker programs, cracks, and MP3 files, are strictly prohibited from being stored on any InterServer servers.
Examples of unacceptable content include, but are not limited to the following:
IRC and camfrog servers are prohibited due to dos attacks.
InterServer reserves the right to disable any material from Client's web space that is reasonably deemed unacceptable, illegal or has a DMCA take down notice.
InterServer may suspend service due to unresolved DMCA complaints. Be aware the DMCA requires the material to be disabled and be enabled only after a counter claim.
InterServer is the sole arbiter as to what constitutes a violation of the above provisions.
Please be aware VPS servers are not permitted to run CPU mining programs and required a dedciated or rapid deploy server. Shared Webhosting Restrictions: The Client is allowed to freely install CGI/PHP applications; however, Interserver reserves the right to disable any application that unreasonably effects or interferes with normal server operations. Said situation is highly unlikely. Some scripts and sites are not allowed on shared hosting: *Tube / YouTube clone sites, adult content, file archives, email archives, mirror sites, image and file upload sites. No single shared hosting account is permitted to use more than 20% of the server resources at a time. A single account is limited to 400,000 inodes at any given time. E-mail such as junk mail should be permanently deleted. Interserver may impose storage fees of $.15 per GB for accounts that are using an unreasonable amount of resources on a shared hosting package.
InterServer servers may not be the source or intermediary involved in the transmission of Spam, Spamware and other Spam Software or misuse of SMTP. Client's domain or IP may not be referenced as originator or intermediary in any of the above. Port 25 is restricted on services including port 25 and must be requested to be opened with a manual review.
InterServer considers Spam to be any mass unsolicited message in the mediums of newsgroups and e-mail, or actions generating abuse complaint.
InterServer follows best practices and follows generally accepted SMTP and abuse policies. Emails are expected to have a low bounce and complaint ratio. Restritions on email may include but are not limited to: bulk email, affiliate emails on behalf of other companies, cold-emailing, single opt in, or opt out only , email to sms gateway, casino/gambling related, warm up or Pharmaceutical/supplement are restricted from email services. Emails that generate complaints, including feedback loop complaints may be suspended to protect the ip reputation of the network.
InterServer IP blocks may not be used for IP rotation while sending emails. InterServer may, through feedback loop monitoring, block SMTP traffic on a server found to be sending email through multiple IP addresses. Failure to respond to SPAM complaints will result in a block against SMTP traffic and may result in account termination. Further mailing list policies are included in the Email / Mailing List Policy.
Any attempt to undermine or cause harm to a InterServer server or another InterServer Client is strictly prohibited.
Any attempt to undermine any Interserver web site or a web site of another Interserver Client is strictly prohibited and may result in immediate termination of services rendered by Interserver without refund. Interserver is the sole arbiter as to what constitutes a violation of the above provisions. A fine of two-hundred (200) USD may be implemented for intentional server abuse.
Client agrees that it will defend, indemnify, and hold harmless InterServer from any and all demands, fines, liabilities, losses, costs, claims, and expenses, including attorney's fees, asserted against InterServer, its employees, officers, agents, and directors that may arise or result from any service provided or performed, or agreed to be performed, or any product sold by Client, its employees, officers, agents, and directors.
The Client agrees that it will defend, indemnify, and hold harmless InterServer against any liabilities, including but not limited to, those arising out of (1) any injury to person or property caused by any product sold or service rendered or otherwise distributed in connection with InterServer's servers; (2) any material supplied by the Client infringing upon or allegedly infringing upon the proprietary rights of a third party; (3) copyright infringement; and (4) any defective products sold to the Client's customer from InterServer's servers.
InterServer assumes no liability of the Client for failure to follow this Agreement and any results caused by the acts, omissions or negligence of the Client, sub-contractor or an agent of Client or an employee of anyone to them, including, but not limited to, claims of third parties arising out of or resulting from or in connection with the Client's products, messages, programs, caller contracts, promotions, advertising, infringement or any claim for libel or slander or violation of copyright, trademark or other intellectual property rights. Any attempt to undermine any InterServer web site or a web site of another InterServer Client is strictly prohibited and may result in immediate termination of services rendered by InterServer without refund. InterServer is the sole arbiter as to what constitutes a violation of the above provisions. A fine of two- hundred (200) USD may be implemented for intentional server abuse.
InterServer will not be held responsible for any damages you or your business may suffer. Interserver makes no warranties of any kind, expressed or implied, for services rendered. Interserver disclaims any warranty or merchantability or fitness for a particular purpose. InterServer assumes no liability for disruptions or improper operation of its equipment or software for any reason, including, but not limited to, vandalism, theft, phone service outages, Internet disruptions, human error, extreme or severe weather conditions or any other causes in the nature of "Acts of God" or force majeure. InterServer will not be responsible for consequential damages or punitive or exemplary damages under any circumstances. In no case will Client be entitled to recover damages from InterServer.
A The term of this Agreement will continue until a notice of cancellation by InterServer or Client is given, or until terminated under other provisions of this Agreement. InterServer reserves the right to terminate this Agreement with cause upon notification to the Client. InterServer may further terminate this Agreement immediately without notice at any time the Client breaches any part of this Agreement, or if any program or facility used by InterServer to implement this Agreement is disrupted or terminated for any reason.
Refunds are only applicable to Web Hosting Accounts (packages Standard, Windows, and WordPress). Client may request InterServer refunds money within 30 days after sign up has taken place. Client will be refunded the full amount they have paid. If 30 days have passed, Client may cancel the service, however, Client forfeits monies paid to InterServer. Client may cancel an account with Interserver and be removed from billing, thereby stopping all future charges.
Services without instant activation such as Dedicated/Colocation and IP Transit accounts. Refunds will be issued to any order before service turn up at Client's request. Refunds are not offered on Dedicated servers, colocation space, VPS, licensing or IP transit after service has started. Dedicated servers and colocation space are built to spec and personalized for each order individually and as such do not meet a 14 day cooling off period.
By signing up with InterServer, be it using InterServer's online sign-up form or contacting in any way an employee, officer, agent, and director with the request for InterServer to provide Client services, Client (1) authorizes InterServer to take the actions necessary in order to setup Client's account, including charging a credit card, if applicable, supplied by Client at the time of sign up; and (2) agrees to each and every provision outlined in this Agreement and shall hold to said Agreement in the court of law.
These policies may be modified or changed by Interserver. Interserver will inform client of any major policy changes.
In the event Client defaults in any provision or fails to perform under this Agreement, InterServer will be entitled to damages, costs, and attorney's fees from the Client.
All services that you purchase are offered and purchased on automatic renewal. Except for reasons described below in this section,
automatic renewal automatically renews the applicable Service upon expiration of the then-current term for a renewal period equal
in time to the most recent service period (Except for domain names which may renew for the original service period). InterServer
will automatically renew the applicable service when it comes up for renewal and will take payment from the payment method associated
with the Service(s) in your account. If you do not wish for any service to automatically renew, you may elect to cancel renewal,
in which case, your Services will terminate upon expiration of the then-current term, unless you manually renew your services before
that date. In other words, should you elect to cancel your product and fail to manually renew your Services before they expire, you
may experience an interruption or loss of Services, and InterServer shall not be liable to you or any third party regarding the same.
You can cancel anytime by accessing our customer portal, selecting the active service you wish to cancel and click on the cancel service link,
emailing us at [email protected], calling 877-566-8398, or mailing Interserver, POBOX 1707 ENGLEWOODCLIFFS, NJ 07632.
Services must be cancelled at least (3) three days before the automatic renewal period, or they will be cancelled after the next renewal period.
If for any reason InterServer is unable to charge your Payment Method for the full amount owed, or if InterServer receives notification
of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method,
you agree that InterServer may pursue all available lawful remedies in order to obtain payment, including but not limited to,
immediate cancellation, without notice to you, of any domain names or Services registered or renewed on your behalf.
InterServer also reserves the right to charge you reasonable "administrative" fees" for (i) tasks InterServer may perform
outside the normal scope of its Services, (ii) additional time and/or costs InterServer may incur in providing its Services,
and/or (iii) your noncompliance with this Agreement (as determined by InterServer in its sole and absolute discretion). Typical
administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional
personal time or attention; (ii) UDRP actions(s) in connection with your domain name(s) and/or disputes that require accounting
or legal services, whether performed by InterServer staff or by outside firms retained by InterServer; (iii) recouping any and all
costs and fees, including the cost of Services, incurred by InterServer as the results of chargebacks or other payment disputes
brought by you, your bank or Payment Method processor. These administrative fees or processing fees will be billed to the
Payment Method you have on file with InterServer. InterServer may offer product-level pricing in various currencies. The
transaction will be processed in the selected currency and the pricing displayed during the checkout process will be the actual
amount submitted for payment. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction
fee or other charges, which may be added to the final amount that appears on your bank statement or post as a separate amount. Please
check with the issuer of your Payment Method for details. In addition, regardless of the selected currency, you acknowledge and agree
that you may be charged Value Added Tax ("VAT"), Goods and Services Tax ("GST"), or other localized fees and/or taxes, based on your
bank and/or the country indicated in your billing address section. Domains, Web Hosting, VPS, Rapid Deploy can be canceled online
by logging into the Customer Portal.
The invalidity or non-enforceability of any provision of this Agreement, as so determined by a court of competent jurisdiction, will not affect the other provisions hereof, and in any such occasion, this Agreement will be construed in all respects as if such invalid or non-enforceable provision were omitted. This agreement constitutes the entire agreement between the parties hereto.
This Agreement will be construed and enforced in accordance with the laws of the State of NJ and the venue for any action, dispute or proceeding with respect to this Agreement will be NJ.
ALL CLAIMS OR DISPUTES IN ANY WAY RELATING TO OUR RELATIONSHIP WITH YOU SHALL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure specified in these Terms by sending a written letter to us at the address InterServer; PO BOX 1707 Englewood Cliffs, NJ 07632 within thirty (30) days of your initial assent to these Terms (including your first purchase of any service or use of our websites) that specifies: (i) your name; (ii) your mailing address; and (iii) your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedure set forth above, all other terms shall continue to apply, including the waiver of class action rights.
InterServer may provide top-level domains at discounted prices with the purchase of a new webhosting package. The promotional pricing is subject to change upon the annual renewal of the purchased domain. Should the customer decide to switch hosting providers, the client agrees to pay the yearly fee listed on the InterServer website for domain name registration. Please note that domains automatically renew therefore if you wish not to renew your domain we ask that you cancel it prior to its annual renewal. Full Domain Agreement Located here
Server's which are for mailing only are disallowed on InterServer's network. A mailing only server is defined as any shared/VPS/dedicated/colocated server who's primary purpose is sending email over SMTP. Interserver's network is monitored through multiple feedback loops and may terminate, without prior warning, a server that has a high complaint ratio including servers that may be CAN-SPAM compliant. Running a single opt-in, opt-out only, or any other non-double opt-in mailing list will result in server termination.
All abuse complaints must be responded to no later than 48 hours after the complaint is made. Failure to reply may result in account termination. InterServer reserves the right to remove files that do not adhere to our terms of service, local, state, or federal laws.