Our Guidlines
  • Domain

    • Billing & Account Information

      Maintaining accurate and current billing information is a mandatory condition of maintaining your Island Host Group account. If you do not maintain current credit card information in your Island Host Group account, we may cancel your services without further notice. If your billing information is not current, we will not renew your services, and this Agreement will terminate on the last day of the then current term. Your right and title to your domain name also allows you to transfer your domain name to another party. Regardless of the identity of the registrant or any other contact information in your domain name records, any domain name registered through Island Host Group using your Island Host Group account is covered by the terms of this Agreement. You are responsible for ensuring that the terms of this Agreement are met.

      Island Host Group needs to be able to contact you easily and quickly. You are responsible for ensuring that Island Host Group has accurate and current contact and billing information for you, including your full and real name, postal address, e-mail address, and voice and facsimile telephone numbers. You also must provide similar accurate and current contact information for all contacts in each field of your domain name registration record.

    • Timely Payment

      Your right and title to your domain name is for a finite period of time, measured by the term of your registration. If you do not pay your fees within thirty (30) days of the due date, we will close your account and terminate this Agreement. If your account is closed for non-payment, right and title to any domain name previously in your account will transfer to Island Host Group and a cancellation surcharge of $175 per domain name cancelled plus applicable renewal fees may be levied on your account.

    • Recovering a Domian Name after Expiry

      Island Host Group provides cloud-based solutions, including web hosting, domain name registration and related products and services, to businesses, individuals, non-profit organizations and others.

    • Cancellation & Termination

      You may end this Agreement at any time and for any reason by canceling your Island Host Group services.
      Island Host Group can also end this Agreement at any time and for any reason. If you terminate this Agreement, you will not receive a refund for any fees already paid. If Island Host Group terminates this Agreement, Island Host Group will provide you with written notice, either via postal service, or email. Island Host Group may, in its sole discretion, refund any unused portion of your subscription fee, and if applicable, assist you in transferring your domain name to another registrar. You may not transfer a domain name within 90 days of registration.

    • Third Party Terms

      Island Host Group is permitted by the Internet Corporation for Assigned Names and Numbers (“ICANN") and many domain name registries to register domain names on your behalf only on the condition that Island Host Group requires you to agree to certain additional terms, conditions and fees. These additional terms, conditions, and fees are listed in the "OpenSRS Registrant Agreement - Exhibit A” (“Third-Party Terms”). The Third-Party terms are part of this Agreement, and you are bound by them just as if they were included here. In the event that this Agreement is inconsistent with any provision of the Third-Party Terms, the Third-Party Terms shall prevail.

    • Complaints & Legal Challenges

      Sometimes domain name registrations become the subject of a legal challenge. If Island Host Group is made a party to any legal action by virtue of one of your domain name registrations, you agree to be responsible for all of Island Host Group’ costs and legal fees and to indemnify and hold Island Host Group harmless from any action. If Island Host Group is notified that a complaint has been filed with a judicial or administrative body regarding your domain name, Island Host Group may, at its sole discretion, (a) suspend your ability to use, make modifications to, or transfer your registration records and/or (b) deposit control of your registration record with the appropriate judicial entity by supplying a registrar certificate from us.

    • Right to Limit Quantities Purchased

      We reserve the right to limit quantities purchased to normal retail purchases. From time to time we may limit the number of domain names, email addresses and other services you may purchase from us at the published price. You agree that we may do so in our sole discretion and that our decision concerning any limitations is solely ours.

    • Juridiction

      This Agreement is governed by and will be enforced in accord with the laws of the State of New York in the United States of America. Any action brought against Island Host Group arising out of or relating to this Agreement must be brought in the courts of Fort Lauderdale,FL, and you consent to the exclusive jurisdiction of such courts.

    • LIMITATION OF LIABILITY

      You agree that our entire liability, and your exclusive remedy, with respect to any services provided under this Agreement and any breach of this Agreement is solely limited to the amounts you have paid us.Island Host Group and its directors, employees, affiliates, subsidiaries, agents and third party providers, ICANN and the applicable registries shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law.

      We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your service.You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.

    • Disclaimer & Warranties

      You agree that your use of our services is solely at your own risk. You agree that such services are provided on an "as is," "as available" basis.We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.We make no warranty that the services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.

      We make no warranty regarding any goods or services purchased or obtained through the service or any transactions entered into through the service. No advice or information, whether oral or written, obtained by you from us or through the service shall create any warranty not expressly made herein.

    • REGISTRANT RIGHTS AND RESPONSIBILITIES UNDER THE 2009 REGISTRAR ACCREDITATION AGREEMENT

      Please review here.

  • Shared Hosting

    These Terms of Service (the “Agreement”) are an agreement between IslandHostGroup.com, LLC ("IslandHostGroup" or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by IslandHostGroup and of the IslandHostGroup.com website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.

    • Additional Policies and Agreements

      A. Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.

      1. Privacy Policy
      2. Acceptable Use Policy
      3. Copyright Infringement Policy

      B. Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.

    • Account Eligibility

      A.Wafer muffin cupcake apple pie tootsie roll I love. Carrot cake apple pie I love dessert. I love carrot cake lollipop jelly jelly-o brownie cake. Croissant brownie donut gingerbread dessert icing. Sugar plum jelly candy pudding liquorice liquorice cotton candy pie. Powder sesame snaps I love chocolate bar bonbon. Pudding gummi bears donut applicake carrot cake I love I love icing cake.

      1. You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
      2. If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.

      B.It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. IslandHostGroup is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, you may utilize the IslandHostGroup Billing and Support Portal to update your contact information. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.

      C.You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.

      D.Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.

    • Transfers

      Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date. Transfers outside of the thirty (30) day period will incur a charge; please contact a member of our Transfers department to receive a price quote. In no event shall IslandHostGroup be held liable for any lost or missing data or files resulting from a transfer to or from IslandHostGroup. You are solely responsible for backing up your data in all circumstances.

    • IslandHostGroup Content

      Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "IslandHostGroup Content"), are the proprietary property of IslandHostGroup or IslandHostGroup’s licensors. IslandHostGroup Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any IslandHostGroup Content. Any use of IslandHostGroup Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any IslandHostGroup Content. All rights to use IslandHostGroup Content that are not expressly granted in this Agreement are reserved by IslandHostGroup and IslandHostGroup’s licensors.

    • User Content

      A.You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to IslandHostGroup that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.

      Solely for purposes of providing the Services, you hereby grant to IslandHostGroup a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, IslandHostGroup does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.

      B.IslandHostGroup exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through IslandHostGroup's computers, network hubs and points of presence or the Internet. IslandHostGroup does not monitor User Content. However, you acknowledge and agree that IslandHostGroup may, but is not obligated to, immediately take any corrective action in IslandHostGroup’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that IslandHostGroup shall have no liability due to any corrective action that IslandHostGroup may take.

      C.You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.

      D.Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.

    • Third Party Products and Services

      A.Third Party Providers
      IslandHostGroup may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.

      IslandHostGroup does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. IslandHostGroup is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.

      B.IslandHostGroup as Reseller or Licensor
      IslandHostGroup may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services ("Non-IslandHostGroup Products"). IslandHostGroup shall not be responsible for any changes in the Services that cause any Non-IslandHostGroup Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-IslandHostGroup Products, either sold, licensed or provided by IslandHostGroup to you will not be deemed a breach of IslandHostGroup's obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-IslandHostGroup Product are limited to those rights extended to you by the manufacturer of such Non-IslandHostGroup Product. You are entitled to use any Non-IslandHostGroup Product supplied by IslandHostGroup only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-IslandHostGroup Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-IslandHostGroup Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.

      C.Third Party Websites
      The Services may contain links to other websites that are not owned or controlled by IslandHostGroup ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.

    • Prohibited Persons

      (Countries, Entities, And Individuals).

      The U.S. Department of the Treasury, through the Office of Foreign Assets Control (“OFAC”), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a “Sanctioned Country”) and certain individuals, organizations or entities, including without limitation, certain “Specially Designated Nationals” (“SDN”) listed by OFAC. If you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services. Unless otherwise provided with explicit permission, IslandHostGroup also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any Sanctioned Country.

    • Account Security and IslandHostGroup Systems.

      A.It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.

      B.The Services, including all related equipment, networks and network devices are provided only for authorized customer use. IslandHostGroup may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.

      C.Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. IslandHostGroup may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.

      D.Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by IslandHostGroup of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, IslandHostGroup may clean-up your account for an additional fee.

      EIslandHostGroup reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.

    • HIPAA Disclaimer

      We are not "HIPAA compliant."

      Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date. Transfers outside of the thirty (30) day period will incur a charge; please contact a member of our Transfers department to receive a price quote. In no event shall IslandHostGroup be held liable for any lost or missing data or files resulting from a transfer to or from IslandHostGroup. You are solely responsible for backing up your data in all circumstances.

    • Billing and Payment Information

      A.Prepayment.
      It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.

      B.Autorenewal.
      Unless otherwise provided, you agree that until and unless you notify IslandHostGroup of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.

      C.Late Payment.
      All invoices must be paid within ten (10) days of the invoice due date. Any invoice that is outstanding for more than ten (10) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, IslandHostGroup may suspend or terminate your account and pursue the collection costs incurred by IslandHostGroup, including without limitation, any arbitration and legal fees, and reasonable attorneys' fees. IslandHostGroup will not activate new orders or activate new packages for customers who have an outstanding balance on their account. Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment we do not automatically reactivate the dedicated servers. Contact IslandHostGroup directly after you make a late payment to reactivate the dedicated server.

      D.Taxes.
      Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to IslandHostGroup's invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.

      E.Domain Payments.
      It is solely your responsibility to notify IslandHostGroup’s Billing department via a support ticket created from http://support.IslandHostGroup.com after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and IslandHostGroup is not responsible for a failure to renew a domain or a failure to notify a customer about a domain's renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.

      F.Fraud.
      It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. IslandHostGroup may report any such misuse or fraudulent use, as determined in IslandHostGroup’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.

      G.Invoice Disputes.
      You have ninety (90) days to dispute any charge or payment processed by IslandHostGroup. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.

    • Compatibility with the Services

      A.You agree to cooperate fully with IslandHostGroup in connection with IslandHostGroup's provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, IslandHostGroup is not responsible for any delays due to your failure to timely perform your obligations.

      B.You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by IslandHostGroup to provide the Services, which may be changed by IslandHostGroup from time to time in our sole discretion.

      C.You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. IslandHostGroup does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.

    • Cancellations and Refunds

      A.Non-refundable Products and Services.
      There are no refunds on dedicated servers, administrative fees, and install fees for custom software. Please note that domain refunds will only be considered if the domain was ordered in conjunction with a hosting package and will be issued at IslandHostGroup’s sole discretion. Any refunds issued for domain names will be reduced by the market value of the gTLD. Purchases of ccTLDs are non-refundable.

      B.Cancellation Process.
      You may terminate or cancel the Services by giving IslandHostGroup written notice via the cancellation form provided. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) IslandHostGroup may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.

      Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes. You should immediately receive an automatic email with a tracking number stating that "Your request has been received...." IslandHostGroup will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us immediately. We require all cancellations to be done through the online form in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.

      Cancellations for shared and reseller accounts will be effective on the account’s renewal date. Cancellations for dedicated and VPS accounts will be effective immediately.

      C.Domains.
      Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify IslandHostGroup’s Billing department via a support ticket created from http://support.IslandHostGroup.com to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.

      D.Foreign Currencies.
      Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and IslandHostGroup is not responsible for any change in exchange rates between the time of payment and the time of refund.

      E.Termination
      IslandHostGroup may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm IslandHostGroup or others or cause IslandHostGroup or others to incur liability, as determined by IslandHostGroup in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, IslandHostGroup shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, IslandHostGroup may charge you for all fees due for the Services for the remaining portion of the then current term. UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.

    • Uptime Guarantee.

      If your shared or reseller server has a physical downtime that falls short of the 99.9% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of IslandHostGroup and may be dependent upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please visit http://support.IslandHostGroup.com to create a support ticket to our Billing department with justification [within thirty (30) days of the end of the month for which you are requesting a credit]. Uptime guarantees only apply to shared and reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

    • Reseller Terms and Client Responsibility

      A.Resellers shall ensure that each of their clients complies with this Agreement.

      B.Resellers are responsible for supporting their clients. IslandHostGroup does not provide support to clients of IslandHostGroup’s resellers. If a reseller’s client contacts IslandHostGroup, IslandHostGroup reserves the right to place a reseller client account on hold until the reseller can assume responsibility for the reseller’s client. All support requests must be made by the reseller on its client's behalf for security purposes.

      C.Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. IslandHostGroup will hold any reseller responsible for any of their client’s actions that violate the law or this Agreement.

      D.IslandHostGroup is not responsible for the acts or omissions of our resellers. The reseller hereby agrees to indemnify IslandHostGroup from and against any and all claims made by any User arising from the reseller's acts or omissions.

      E.IslandHostGroup reserves the right to revise our Reseller Program at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth by IslandHostGroup.

      F.Resellers in the IslandHostGroup Reseller Program assume all responsibility for billing and technical support for each of the Users signed up by the reseller.

    • Shared (non-reseller accounts)

      Shared accounts may not be used to resell web hosting to others. If you wish to resell hosting you must use a reseller account.

    • Dedicated Servers

      IslandHostGroup reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is your responsibility to ensure that there is a valid email address and current root password on file for your dedicated server to prevent downtime from forced password resets. IslandHostGroup reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us. It is your responsibility to maintain backups. Dedicated servers that have invoices outstanding for more than ten (10) days may be subject to deletion which will result in the loss of all data on the server. IslandHostGroup will not be liable for any loss of data resulting from such deletion.

  • Bandwidth Policy and Prices

    Bandwidth is the amount of data that can be transferred to and from your account in one month. Every time someone downloads a 10 KB file from your website, they use 10 KB of bandwidth from your account. Also, every time someone visits your site, they are downloading the home page and, consequently, using that much bandwidth. Bandwidth is reset on the 1st of every month, except for VPS. VPS bandwidth is calculated by billing cycle.

    • Shared

      Shared web hosting customers do not need to request more bandwidth since these accounts have unlimited bandwidth.

    • Reseller

      Reseller customers can obtain more bandwidth or disk space by upgrading to a higher plan or ordering a new hosting package.

    • VPS

      VPS customers can obtain more bandwidth or disk space by upgrading to a higher plan or ordering a new hosting package with a request to upgrade to a higher level plan.

    • Dedicated Server

      Dedicated Server customers can buy extra bandwidth for $75 per TB pre paid or for overages. Additional bandwidth or overages must be purchased at a minimum of 1TB.

  • Custom Coding/Web Development

    We will always do our best to fulfil your needs and meet your goals, but sometimes it’s best to have a few things written down so that we both know what’s what, who should do what and what happens if stuff goes wrong. In this contract you won’t find complicated legal terms or long passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.

    • Summary

      You are hiring us to design and develop a website for the estimated total price as outlined in our proposal. Of course it’s a little more complicated, but we’ll get to that.

    • Agreement between You and Island Host Group

      If we are designing your application we’ll create designs for the look-and-feel, layout and functionality of your website. This contract includes one main design plus the opportunity for you to make up to two rounds of revisions. If you’re not happy with the designs at this stage, you will pay us in full for all of the work that we have produced until that point and you may either cancel this contract or continue to commission us to make further design revisions at our standard design rates.

    • Design

      If we are designing your application we’ll create designs for the look-and-feel, layout and functionality of your website. This contract includes one main design plus the opportunity for you to make up to two rounds of revisions. If you’re not happy with the designs at this stage, you will pay us in full for all of the work that we have produced until that point and you may either cancel this contract or continue to commission us to make further design revisions at our standard design rates.

    • HTML and CSS Layout Templates

      If the project includes HTML markup and CSS templates, we’ll develop these using valid HTML and CSS code. The landscape of web browsers and devices changes regularly and our approach is to look forward, not back. With that in mind we will test all our markup and CSS in current versions of all major desktop browsers to ensure that we make the most from them. Users of older or less capable browsers or devices will experience a design that is appropriate to the capabilities of their software. We do not cater for people using Microsoft Internet Explorer 8 or lower and cannot predict the behaviour of that browser. We will also test that these templates perform well on Apple’s iPad.

      We will not test old or abandoned browsers, for example Microsoft Internet Explorer 7 or 6 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise specified. If you need us to consider these older browsers, we will charge you at our standard old browser rate for any necessary additional design work, development and testing.

    • Text Content

      we’re not responsible for writing or inputting any text copy unless we specified it in the original estimate. We’ll be happy to help though, and in addition to the estimate we will charge you at our standard copy writing or content input rate.

    • Photographs

      You will supply us photographs in digital format. If you choose to buy stock photographs we can suggest vendors of stock photography. Any time we spend searching for appropriate photographs will be charged at our standard discovery rate.

    • Changes and Revisions

      We know from plenty of experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work. We don’t want to limit either your options or your opportunities to change your mind.

      The estimate/quotation prices at the beginning of this document are based on the amount of work we estimate we’ll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, add extra pages or templates or even add new functionality, that won’t be a problem. However, you will be charged accordingly and these additional costs will need to be agreed to before the extra work commences. This additional work will affect deadlines and they will be moved accordingly. We’ll be up front about all of this if and when it happens to make sure we’re all on the same page before proceeding. We may also ask you to put requests in writing so we can keep track of changes. If the nature or functions of the project change significantly throughout the process, we reserve the right to deem the current project cancelled. At this point you will pay us in full for all the work we have done and may commission us to complete the new project based on the new requirements. This will require a new quote and contract.

    • Technical Support

      You may already have professional website hosting, you might even manage that hosting in-house; if that’s the case, great. If you don’t manage your own website hosting, or your current hosting environment does not support the solution we are providing, we can set up an account for you at one of our preferred, third-party hosting providers. We will charge you a one-off fee for installing your site on this server, plus any statistics software such as Google Analytics, then the updates to, and management of that server, plus any support issues will be up to you.

      We are not a website hosting company and so do not offer or include technical support for website hosting, email or other services relating to website hosting.

    • Legalities

      We can’t guarantee that the functions contained in any web page templates or in a completed website will always be error-free and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this website and any other web pages, even if you have advised us of the possibilities of such damages.

      If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

    • Copyrights

      You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the website are either owned by your good selves, or that you have permission to use them.

      When we receive your final payment, copyright is automatically assigned as follows:

      1. You own the graphics and other visual elements that we create for you for this project. We’ll give you a copy of all files and you should store them really safely as we are not required to keep them or provide any native source files we used to make them.
      2. You also own text content, photographs and other data you provided, unless someone else owns them. We own the markup, CSS and other code and we license it to you for use on only this project.
      3. We love to show off our work and share what we have learned with other people, so we reserve the right to display and link to your completed project as part of our portfolio and to write about the project on websites, in magazine articles and in books about web design.

    • Payments

      We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule.

      50% deposit up front.
      30% installment once functionality and design has been agreed upon.
      20% balance once the application has been tested and everyone agrees it is ready to go live.


      NB: If you are unable to supply all of the right content at this stage, it does not mean we have not done our job. Once the site has been tested and is ready to go live, either with your content or placeholder images and dummy text, we will issue the final invoice. Once the final invoice is paid we will hand over the keys and show you how to put your own content in once it’s ready. If the final invoice is not paid within the credit terms we have given you, we are under no obligation to keep the site on our testing server or continue with the project in anyway.

    • Legally Binding

      You can’t transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place. Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of the courts of Florida, Unites States Of America.

      By starting a project with Island Host Group LLC, the client accepts these Terms and Conditions.

  • Policy

    We, Island Host Group.com LLC. (“Island Host Group”), are committed to protecting any data that we collect concerning you. By using our services you agree to the use of the data that we collect in accordance with this Privacy Policy. The purpose of this Privacy Policy is to enable you to understand what personal information of yours is collected, how and when we might use or share your information, and how you can correct any inaccuracies in the information. This Privacy Policy also explains our online information practices and the choices you can make about the way your information is collected and used.

    • Information Collected

      We collect the following types of information from you to provide you with the products and services you purchased and for the purposes described below. We may collect any or all of the information via both automated means such as communications profiles or cookies.

      Personal Information.
      The personal information we collect depends on the type of service, support, or sales inquiry, and may include your name, address, telephone number, fax number and email address, dates of service provided, types of service provided, payment history, manner of payment, amount of payments, date of payments, domain name, credit card or other payment information. The financial information will only be used to bill you for the products and services you purchased. If you purchase by credit card, this information may be forwarded to your credit card provider. When transferring personal information a security icon will appear in your browser.

      Cookies and Tracking.
      Your Internet browser has the in-built facility for storing small text files - "cookies" - that hold information which allow a website to recognize your account. We use cookies to save your preferences and login information, and to provide personalized functionality. We may use cookies to collect, store, and sometimes track information for statistical purposes to improve the products and services we provide and to manage our telecommunications networks. More specifically, we use different types of cookies for different purposes: (i) “required cookies” are necessary for our website to work properly, (ii) “performance cookies” allow us to analyze how Visitors use our website so we can measure and improve the performance of our website, (iii) "functional cookies" allow us to remember choices you may have made on our website, and (iv) "advertising cookies" are used to present ads that are relevant to your interests. We may utilize cookies to track referrals from internal and external affiliates, as well as advertising campaigns. We may also use a third party service provider to send emails that you have agreed to receive. Pixel tags and cookies may be used in those email messages to help us measure the effectiveness of our advertising and to enable us to provide more focused marketing communications to you. You can reject cookies by changing your browser settings, but be aware that this will disable some of the functionality on the Island Host Group.com website.

      Customer Surveys.
      We may periodically conduct customer surveys. Participation in our customer surveys is voluntary. However, we encourage our Users to participate in these surveys because they provide us with important information that helps us improve the types of services we offer and how we provide them to you. Your personal information, if provided, will remain confidential, even if the survey is conducted by a third party service provider on our behalf.

      Social Media.
      Our website includes social media features (such as the Facebook "Like" button). These features may collect your IP address and which page you are visiting on our website, and may set a cookie to enable the feature to function properly. Social media features and widgets may be hosted by a third party or directly on our website. Your interactions with these features are governed by the privacy policy of the company providing the feature.

      Data and Information Submitted to Third Parties on Our Network.
      This Privacy Policy does not apply to data or personal information that may be submitted to, or collected by, third-party websites hosted by Island Host Group or to domain names registered by Island Host Group. Such websites and domain names are not owned or controlled by Island Host Group. You should independently evaluate the privacy policies of such third-party websites before submitting data or personal information to them.

    • Information Use

      Personal Information.
      The information we collect is used for billing and to provide service and support to our customers. We may study this information to determine our customers’ needs and to promote certain products and services or additional support. We may also generate non-identifying and aggregate profiles from information that our customers provide during registration (such as the total number of customers in a given category). This aggregated and non-identifying information may be used to promote advertisements that appear on our website and in connection with our services.

      We take reasonable precautions to prevent unauthorised access to your information. Accordingly, we may require you to provide additional forms of identity should you wish to obtain information about your account details. Island Host Group may also use the information you provide to email Island Host Group’s monthly newsletter to the primary contact e-mail on file, or to contact you about other products or services that we think may be of interest.

      Log Files.
      We use IP addresses to analyze trends, administer our site and servers, track access, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. However, it is possible that personal information about a customer may be included in the log files due to the normal functions of IP addresses and Web browsing.

      Customer Surveys
      We may use the contact and other information provided to follow up with customers who respond to our customer surveys to help resolve issues internally or with our third party partners. For example, Island Host Group may contact customers based on their survey answers or to highlight certain changes we made in response to customer feedback.

    • Disclosing Information

      Partners and Sponsors.
      Some of our products or services are offered or promoted to our customers in conjunction with a partner or sponsor, or another brand or company within our corporate family. We may share your information with these parties to offer the product or service or to facilitate your use of additional amenities included with your hosting account. For example, one of our partners may provide services to you based on links that you access from your control panel.

      We may also disclose aggregate, anonymous data based on information collected from users to potential partners, reputable third parties and other companies or brands within our corporate family. We will only share your information with third parties that agree to maintain your information in confidence and to use it solely for purposes of providing the product or service as agreed to by Island Host Group.

      Service Providers.
      We may transfer (or otherwise make available) your personal information to third parties that help us provide our services or provide services on our behalf. For example, we may use service providers to authorize and process payments, administer surveys, or run promotions. Your personal information may be maintained and processed by our third party service providers in the United States or in other jurisdictions. Our service providers are given the information they need to perform their designated functions, and we do not authorize them to use or disclose personal information for their own marketing or other purposes.

      Online Advertisements
      We do not share personally identifiable information about individual customers with advertisers. We may display online advertisements and we may share aggregated and non-identifying information about our customers that we collect through the registration process or through online surveys and promotions with certain advertisers. In some instances, we use this aggregated and non-identifying information to deliver tailored advertisements. For example, an advertiser may tell us the audience they want to reach (e.g., males between 25 and 55 years of age) and provide us with an advertisement tailored to the audience. Based upon the aggregated and non-identifying information we have collected, we may then display the advertisement to the intended audience.

      Customer Surveys.
      We may share customer information obtained from customer surveys within Island Host Group and our corporate family, and with trusted third parties to develop or provide products and services that we believe would be of interest to our customers.

      Domain Registration.
      In certain jurisdictions or pursuant to the rules of the Internet Corporation for Assigned Names and Numbers ("ICANN") or certain registries, the contact information you provide to register a domain name (“Domain Name Registration Information”) has to be made available and accessible to the public through a "WHOIS" search. The WHOIS database is a publicly accessible database that lists the Domain Name Registration Information for a particular domain name, the name server(s) to which the domain name points, and the domain name's creation and expiration date. The Domain Name Registration Information you provide is hosted by us or a third party service provider and is made available to the public through WHOIS searches. At times, customers may receive solicitations that result from searches of the publicly available WHOIS database by other companies or individuals. Any such solicitations or SPAM do not come from Island Host Group and we do not control the use of WHOIS information by third parties. Further, pursuant to ICANN rules, Island Host Group is required to make WHOIS data available to any third party that enters into a bulk access agreement. While ICANN allows individuals to opt-out (using the account management panel, domain management console or similar service) of having their WHOIS information made available to third parties through bulk access, companies, such as ours, businesses, and other organizations do not have the ability to opt-out of having their information made available to a third party that enters a bulk access agreement. We may also deposit your Domain Name Registration Information with a third-party escrow provider to comply with ICANN requirements.

      Law Enforcement and Special Cases.
      We cooperate with government and law enforcement officials to enforce and comply with the law. We will disclose any information about users upon a valid request by government or law officials as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including without limitation subpoenas), to protect your property and rights, or the property and rights of a third party, to protect the safety of the public or any person, or to stop activity that we consider illegal or unethical.

    • Your Options

      Correcting/Updating Personal Information
      If a customer's information changes, or if a customer no longer desires our services, we will endeavor to provide a way to correct, update or remove that customer's personal data in our records. In most cases, this can be achieved via our billing system at https://www.Island Host Group.com/billing or by emailing us at privacy@Island Host Group.com.

      Opt Out.
      By default, customers will receive invoices, any system updates, Island Host Group newsletters and other mailings. Customers are able to opt out of newsletters and mailings by using the unsubscribe link in any promotional email or as otherwise provided in the communication. Please note that customers may not opt out of receiving important system notifications or emails about their accounts.

      Public Forums.
      Please remember that any information you may disclose or post on public areas of our websites or the Internet, becomes public information. You should exercise caution when deciding to disclose personal information in these public areas. To request removal of your personal information from our community forums or testimonials, contact us at privacy@Island Host Group.com. In some cases, we may not be able to remove your personal information, in which case we will let you know why we are unable to do so.

    • Data Security

      Island Host Group uses technical security measures to prevent the loss, misuse, alternation or unauthorized disclosure of information under our control. Island Host Group uses security measures including and not limited to: physical, electronic and managerial procedures to safeguard and secure the information we collect online. All sensitive information is collected on a secure server. When we ask customers or users to provide financial information (such as a credit card number) that data is protected using Secure Sockets Layer ("SSL") technology.

    • Children

      This website is not directed towards children and we do not seek to collect any personal information from children. If we become aware that personal information from a child under the age of 13 has been collected, we will use all reasonable efforts to delete such information from our database.

    • Reseller Relationships

      In addition to all of the terms and conditions set forth above, the following terms apply to Reseller relationships only.

      Information Related to Data Collected through Resellers.
      Island Host Group may collect information under the direction of our Resellers, and we have no direct relationship with the individuals whose personal data is provided, processed or obtained by our Resellers. Customers who seek access, or who seek to correct, amend, or delete inaccurate data should direct their query to the Reseller's data controller. If the Reseller requests that we remove the data, we will respond to such request within thirty (30) business days.

      Choice.
      If you are a customer of one of our Resellers and would no longer like to be contacted by such Reseller, please contact the Reseller from whom you purchased products or services.

      Data Retention.
      We retain personal data we process on behalf of our Resellers for as long as needed to provide services under the relationship. We will retain and use this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

    • Changes to this Policy

      We reserve the right to revise, amend, or modify this Privacy Policy at any time and in any manner. However, if we plan to materially change how we plan to use previously collected personal information, we will provide you with advance notice prior to the change becoming effective and an opportunity to opt-out of such differing uses. We encourage you to periodically review this page for the latest information on our privacy practices.

      Last Updated: August 30, 2015

    • Contacting Us

      Concerns.
      Island Host Group encourages individuals covered by this Privacy Policy to raise any concerns about our processing of personal information by contacting Island Host Group by using the contact form at the bottom of all pages!.

    • Price Change

      IslandHostGroup reserves the right to change prices, the monthly payment amount, or any other charges at any time. We will provide you with at least thirty (30) days’ notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by IslandHostGroup through the user billing tool or through other methods of communication, including notices sent or posted by IslandHostGroup.

    • Coupons

      Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.

    • Limitation of Liability

      IN NO EVENT WILL IslandHostGroup ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF IslandHostGroup IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IslandHostGroup'S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO IslandHostGroup FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

    • Indemnification

      You agree to indemnify, defend and hold harmless IslandHostGroup, our affiliates, and their respective officers, directors, employees and agents (each an "Indemnified Party" and, collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.

    • Arbitration

      By using the Services, you hereby submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning or arising out of this Agreement. The arbitration will be conducted before a single arbitrator chosen by IslandHostGroup and will be held at the AAA location chosen by IslandHostGroup in Texas. Payment of all filing, administrative and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, IslandHostGroup will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this paragraph. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The arbitrator’s authority to resolve and make written awards is limited to claims between you and IslandHostGroup alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against IslandHostGroup in violation of this paragraph, you agree to pay IslandHostGroup’s reasonable costs and attorneys’ fees incurred in connection with our enforcement of this paragraph.

    • Independent Contractor

      IslandHostGroup and User are independent contractors and nothing contained in this Agreement places IslandHostGroup and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.

    • Governing Law; Jurisdiction

      Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the State of Texas. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

    • Disclaimer

      IslandHostGroup shall not be responsible for any damages your business may suffer. IslandHostGroup makes no warranties of any kind, expressed or implied for the Services. IslandHostGroup disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by IslandHostGroup or our employees.

    • Backups and Data Loss

      Your use of the Services is at your sole risk. IslandHostGroup’s backup service runs once a week and overwrites any of our previous backups. Only one week of backups are kept at a time. This service is provided only to shared and reseller accounts as a courtesy and may be modified or terminated at any time at IslandHostGroup’s sole discretion. IslandHostGroup does not maintain backups of dedicated accounts. IslandHostGroup is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on IslandHostGroup’s servers

      Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of databases continuing to be backed up. All data will continue to be mirrored to a secondary drive to help protect against data loss in the event of a drive failure.

    • Limited Warranty

      THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, IslandHostGroup AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. IslandHostGroup AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. IslandHostGroup AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

    • Disclosure to Law Enforcement

      IslandHostGroup may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.

    • Entire Agreement.

      This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.

    • Headings.

      The headings herein are for convenience only and are not part of this Agreement.

    • Changes to the Agreement or the Services

      A.IslandHostGroup may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the IslandHostGroup website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.

      B.IslandHostGroup reserves the right to modify, change, or discontinue any aspect of the Services at any time.

    • Severability

      If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.

    • Waiver

      No failure or delay by you or IslandHostGroup to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.

    • Assignment; Successors

      You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of IslandHostGroup. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. IslandHostGroup may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

    • Force Majeure

      Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

    • Third-Party Beneficiaries

      Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.

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