Terms of Service Last Updated: 8th March 2005

1. IdleServ's network and infrastructure is defined by domain names, hosted websites, reseller accounts, servers, switches routers and general equipment.
    
2. IdleServ may deny access to anyone to its websites, servers or entire network at their discretion, with or without notice.
    
3. IdleServ may find suspend/terminate an account that is causing disruption or problems for others even if the violation(s) are not listed in this document.
    
4. Service Level Agreement (SLA) is based on switch and connectivity (network) uptime, not server hardware uptime. IdleServ guarantees 99.5% SLA uptime. We make no guarantees over hardware failure or software malfunctions.
    
5. IdleServ administrators and network engineers may monitor your usage and actions on our network with or without notice. While visiting or using an IdleServ service, you agree to being monitored or trafficked by our services.
    
6. Use of IdleServ's services to engage in any criminal activity is strictly prohibited. Storing any illegal or copyrighted content (which is not copyrighted by yourself) privately or publicly is strictly prohibited. Any claims that the copyrighted data is for backup purposes will be ignored.
    
7. IdleServ accepts no responsibility for damages induced to sites/servers by 3rd parties by any kind of network or server attacks.
    
8. Each of our servers are provided with a burstable 100Mbps port and may utilize available network bandwidth in manner that is fair and reasonable to all users on the network. Because bandwidth is a shared resource amongst all users, excessive consumption of network bandwidth by a server or user account can interfere with or completely prevent normal network performance for other users. Servers are provided temporary burst (not sustained usage) of up to 100Mbps for each server as a courtesy only. Servers or user accounts that (a) average 10Mbps (106GB of data transfer) or more during any 24-hour period or (b) average 20Mbps (53.3GB of data transfer) or more during any 6-hour period or (c) average 30Mbps (40GB of data transfer) or more during any 3-hour period shall be warned and/or disconnected/suspended from the network to prevent such activities from causing deterioration in network performance for other users. Furthermore, the customer shall be responsible for all fees related to excessive bandwidth usage.
    
9. Bandwidth limit is a raw limit. cPanel accounts will receive an automatic website suspension upon reaching their bandwidth limit. E-mail & FTP functionality will remain, however it is used at the discretion of the user, an overcharge fee may be issued.
    
10. The maximum download speed of IdleServ's Private FTP Service is defined as the maximum allowed amount of kilobytes to be passed per second and is not a guaranteed speed.
     
11. Use of IdleServ's services engage into any activity which affects the ability of other other people or systems to use it's services or the Internet will not be tolerated. This includes "denial of service" (DOS) attacks against another network host or individual users.
    IdleServ will not tolerate any users attempting to access the accounts of others or penetrate security measures of other systems.
     
12. Breach of any of our Terms of Service may result in account suspension or termination. You may also be issued a penalty fee of no less than $20 and no more than $400. The fee will be decided upon the nature of the breach.
     

Part 2 - Customer Agreement

1. Customers & members of any IdleServ service agree to these Terms of Service (TOS) stated throughout this document. TOS decisions and definitions are left up to the discretion of IdleServ.
    
2. IdleServ strictly prohibits the use of it's service's for illegal activities. Therefore you agree that IdleServ may disclose any and all information including assigned IP numbers, history of account(s), use of account(s), etc to any law enforcement agent who makes a written request without further consent or notification to you the customer.
    
3. You the customer acknowledge that the nature of the service is furnished and the initial rates and charges have been communicated to you. IdleServ may prospectively change the specified rated and charges from time to time.
    
4. IdleServ has the right to suspend or terminate your service(s) upon the failure to pay charges when due. Invoices are sent 5 days before the due date to your e-mail address. You are responsible for remembering your renewal date and should check your e-mail regularly 5 days prior to your renewal date.
    
5. Failure to pay any unpaid balances after 4 weeks (28 days) when payment was due will result in account termination. IdleServ holds no responsibility for loss of data over unpaid accounts.
    
6. IdleServ will not give refunds after 7 days of service. IdleServ has the right to refuse refund if your account is suspend/terminated due to a breach of our Terms of Service.
    
7. Content allowed on our servers excludes any "warez" related material. IdleServ also does not allow hate, internet security (hacking) or sites that link to, or relate to unlawful actions/material. Any IdleServ service may not be used to transmit any material (by e-mail, uploading, posting or otherwise) that harasses, threatens or encourages bodily harm to another person.
    
8. Hosted accounts are allowed to use up a "fair" percentage of CPU/Memory on our servers. If your account(s) become a burden on the server, your site may be suspended or be moved to another server. In extreme cases you may be asked to leave our service is we are unable to accommodate you.
    
9. Hosted accounts may not run any background service of any kind. Bandwidth is not monitored to any activities performed via an account's Shell. Abuse of this may result in extra bandwidth charges or account suspension.
    
10. Use of any IdleServ service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in immediate account suspension or termination.
    A customer hosting websites or services on their account(s) that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately suspended or terminated.
     
11. Use of any IdleServ service collect or attempt to collect personal information about third parties without their knowledge or consent is strictly prohibited.
     
12. Customers of IdleServ have every right and obligation to contact us for support at any point in time. IdleServ staff may deny help to any person being rude or abusive to the point of causing discomfort to the staff member.
     
13. Breach of any of our Terms of Service may result in a penalty fee. IdleServ has the right to deny access to your account and content until the fee is paid. If no payment is made, the account(s) will be terminated.
     

Part 3 - New Sales & Billing

1. IdleServ has the right to deny new orders from anyone with or without notice, refunds are issued accordingly.
    
2. New orders will be processed within 24 hours after payment is received & confirmed. This includes confirmation that the payment has passed fraud checks with our merchant and any eChecks have cleared.
    
3. Domain names are non-refundable and cannot be changed. IdleServ accepts no responsibility for any typing errors (spelling mistakes) you make when ordering a domain name with us.
    
4. Any special offers or discounts are for new orders only unless otherwise stated. A customer may not cancel their existing hosting plan(s) and re-order to receive a special offer or discount. IdleServ reserves the right to deny any offers to anyone.
    
5. Our Free Domain promotional offer is limited to only new Web Hosting orders on a 12 month billing cycle and .com .net. org .us TLD's. The offer includes only 1 year of registration, renewal of the domain must be paid for by the customer. Customers may not take advantage on this offer by re-ordering hosting using a domain registered by us to gain free renewal.
    
6. Customers of the affiliate program may not use their affiliate code when placing new orders for themselves to gain another referral credit. This also applies to affiliates referring another person but making payment with the same PayPal account or credit card containing the same name and or address as the affiliate. IdleServ has the right to deny the credit and remove existing credit. IdleServ has the right to remove credit if a fraud order is placed.
    
7. IdleServ will only pay credit to customers via PayPal and will not cover the fees taken from the Payment by PayPal. IdleServ has the right to deny credit payment. Credit on accounts will be applied generated invoices to lower total amount due for payment.
    
8. An Affiliate code is tracked via a cookie after entering the site. IdleServ is not responsible for a users internet browser to delete or not accept the cookie.
    
9. The Affiliate Program applies to ONLY our US site and billing system - idleserv.net idleserv.com idleserv.org. Any hits to our UK site will not be counted.

Part 4 - Updates

1. IdleServ reserves the right to update this document with or without notice at any time.