Acceptable Use Policy
At IRIDES, LLC we take pride in the security and integrity of our facilities and our business. To that end, we have developed the following guidelines concerning access to our facilities and use of our services, for the protection of our clients.
1. ACCESS TO INTERNET DATA CENTERS. Only those individuals identified in writing by IRIDES, LLC or Client ("Representatives") may access the Internet Data Centers. Client shall deliver prior written notice to IRIDES, LLC of any changes to the list of Representatives. Client and its Representatives shall not allow any unauthorized persons to have access to or enter any Internet Data Centers. Client and its Representatives may only access that portion of an Internet Data Center made available by IRIDES, LLC to Client for the placement of Client Equipment and use of the Internet Data Center Services (the "Client Area"), unless otherwise approved and accompanied by an authorized IRIDES, LLC
representative.
2. USE OF INTERNET DATA CENTER FACILITY. (a) Conduct at Internet Data Centers. Client and its Representatives agree to adhere to and abide by all security and safety measures established by IRIDES, LLC. Client and its Representatives shall also not do or participate in any of the following:
(1) misuse or abuse any IRIDES, LLC property or equipment or third party equipment;
(2) make any unauthorized use of or interfere with any property or equipment of any other IRIDES, LLC client;
(3) harass any individual, including IRIDES, LLC personnel and representatives of other IRIDES, LLC clients; and
(4) engage in any activity that is in violation of the law or aids or assists any criminal activity while on IRIDES, LLC property or in connection with the Internet Data Center Services.
(b) Prohibited Items. Client and its Representatives shall keep each Client Area clean at all times. It is each Client's responsibility to keep its area clean and free and clear of debris and refuse. Client shall not, except as otherwise agreed to in writing by IRIDES, LLC:
(1) place any computer hardware or other equipment in the Client Area that has not been identified in writing to IRIDES, LLC;
(2) store any paper products or other combustible materials of any kind in the Client Area (other than equipment manuals); and
(3) bring any Prohibited Materials (as defined below) into any Internet Data Center. "Prohibited Materials" shall include, but not be limited to, the following and any similar items: food and drink; tobacco products; explosives and weapons; hazardous materials; alcohol, illegal drugs and other intoxicants; electro-magnetic devices which could unreasonably interfere with computer and telecommunications equipment; radioactive materials; and photographic or recording equipment of any kind (other than tape back-up equipment).
3. EQUIPMENT AND CONNECTIONS.
If Client requests that any of its equipment be installed in a Client Area (the "Client Equipment"), each piece of Client Equipment must be clearly labeled with Client's name and individual component identification. Each connection to and from a piece of Client Equipment shall be clearly labeled with Client's name and the starting and ending point of the connection. Client Equipment must be configured and run at all times in compliance with the manufacturer's specifications, including power outlet, power consumption, and clearance requirements. Client must use its best efforts to provide IRIDES, LLC with at least 48 hours prior notice any time it intends to connect or disconnect any Client Equipment or other equipment.
LOCAL ACCESS DIALUP NUMBERS MAY NOT BE AVAILABLE IN ALL AREAS. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE IF USE OF A PARTICULAR IRIDES, LLC DIALUP NUMBER WILL CAUSE YOU TO INCUR LONG-DISTANCE, TOLL OR OTHER CHARGES. IRIDES, LLC IS NOT RESPONSIBLE FOR ANY LONG-DISTANCE OR TOLL CHARGES INCURRED BY YOU THROUGH YOUR USE OF THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR ALL TELECOMMUNICATIONS CHARGES INCLUDING LOCAL AND LONG-DISTANCE TELEPHONE CHARGES FOR CONNECTION TO THE SERVICE BY YOU AND BY THOSE WHO ACCESS THE SERVICE THROUGH YOUR ACCOUNT.
4. SCHEDULED MAINTENANCE.
IRIDES, LLC will conduct routine scheduled maintenance of its Internet Data Centers and Internet Data Center Services. In the event a mission critical maintenance situation arises, IRIDES, LLC may be required to perform emergency maintenance at any time. During these scheduled and emergency maintenance periods, Client's Equipment may be unable to transmit and receive data and Client may be unable to access the Client Equipment. Client agrees to cooperate with IRIDES, LLC during the scheduled and emergency maintenance periods.
5. ROOT/ADMINISTRATOR PASSWORD DISCLAIMER.
Please notify IRIDES, LLC of all changes to the admin/root account. Failure to notify IRIDES, LLC will result in technical support difficulties. IRIDES, LLC is unable to provide technical support without root access. Your cooperation is appreciated.
6. ONLINE CONDUCT.
(a) Client Content. Client acknowledges that IRIDES, LLC exercises no control whatsoever over the content of the information passing through Client's website(s) and that it is the sole responsibility of Client to ensure that the information it and its users transmit and receive complies with all applicable laws and regulations and these Rules and Regulations.
Client agrees not to:
(1) send unsolicited commercial messages or communications in any form ("SPAM") through the IRIDES, LLC Network or advertising a site or service hosted on the IRIDES, LLC Network. See our knowledge Base document for the complete details on the policy: http://secure.IRIDES, LLC.com/kb/articles/spampolicy.html; this also applies to open relays.
(2) engage in any activities or actions that infringe or misappropriate the intellectual property rights of others, including, but not limited to, using third party copyrighted materials without appropriate permission, using third party trademarks without appropriate permission or attribution, and using or distributing third party information protected as trade secret information in violation of a duty of confidentiality;
(3) engage in any activities or actions that would violate the personal privacy rights of others, including, but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law;
(4) send, post, or host harassing, abusive, libelous, obscene, or pornographic materials or assist in any similar activities related thereto;
(5) intentionally omit, delete, forge, or misrepresent transmission information, including headers, return mailing, and Internet protocol addresses;
(6) engage in any activities or actions intended to withhold or cloak Client 's or its Users' identity or contact information;
(7) use the IRIDES, LLC connectivity services for any illegal purposes, in violation of any applicable laws or regulations or in violation of the rules of any other service providers, websites, chat rooms, or the like;
(8) knowingly transmit any computer viruses, whether malevolent or benign; and
(9) assist or permit any persons in engaging in any of the activities described above. If Client becomes aware of any Prohibited Activities, Client will use best efforts to remedy such Prohibited Activities immediately, including, if necessary, limiting or terminating User's access to Client's online facilities.
10. BACKUP POLICIES
IRIDES, LLC customers agree to the terms and conditions of the IRIDES, LLC Backup Policy as posted on its web site and incorporated by reference herein.
11. SECURITY POLICIES
IRIDES, LLC customers agree to the terms and conditions of the IRIDES, LLC Security Policy as posted on its web site and incorporated by reference herein.
12. PRIVATE SERVER POLICIES
IRIDES, LLC Private Server customers agree to the terms and conditions of the IRIDES, LLC Private Server Policy as posted on its web site and incorporated by reference herein.
13. FREE DOMAIN REGISTRATION
This applies to only new hosting package signups that participate in the "Free Domain Registration" program. Domains are registered by IRIDES, LLC free of charge, and is available for use by the IRIDES, LLC customer. Customer must remain active for one year to become rightful owner of the domain. Any cancellation within the first year forfeits all right to the domain and places ownership at the discretion of IRIDES, LLC. Cancellation fees may also apply.
14. REFERRAL PROGRAM
Referrer will actively refer Prospects to IRIDES, LLC. A Successful Referral is one which satisfies the following criteria:
(a) Dedicated Services. Referrer completes designated online submission form for Managed Hosting ("Referral Form") from the IRIDES, LLC Web site. It is Referrers responsibility to assure that IRIDES, LLC receives the Referral Form; IRIDES, LLC will not be responsible for errors transmission or other factors affecting IRIDES, LLC's receipt of the Referral Form. After the Managed Hosting Prospect is contacted by IRIDES, LLC, the Prospect orders the Dedicated Service under the individual or company name listed on the Referral Form, Prospect maintains the Dedicated Service ordered for a minimum of sixty-one (61) consecutive calendar days and Prospect pays for one (1) full month of the Dedicated Service.
(b) In order for Referrer to be eligible for the Credit and/or Payment, the Referral Form must be completed prior to the Prospect being contacted by IRIDES, LLC and prior to the Prospect ordering the Service ; and
(c) The Service is ordered in the Prospect's name and contains complete, accurate and current billing and contact information specific to the Prospect and cannot match any other contact information in IRIDES, LLC's customer database; and
(d) No Credit or Payment will be made for self-referrals or plans Referrer purchases for Referrer's own use; and
(e) The Prospect is not a previous customer of IRIDES, LLC who received Services from IRIDES, LLC during the six (6) months prior to the new Provisioning Date (as defined by the IRIDES, LLC Terms of Service); and
(f) The Prospect is not a previous customer of IRIDES, LLC whose Services were terminated by IRIDES, LLC for non-payment or other violation of IRIDES, LLC's standard terms and conditions.
(g) All Prospect information will expire sixty (60) days after being submitted. IRIDES, LLC in its sole discretion may accept or reject any Prospect.
(h) All Prospect Orders are subject to credit approval, availability, and other IRIDES, LLC terms and conditions (including terms of service and acceptable use policy) available at http://www.IRIDES, LLC.com.
18. REFERRAL PROGRAM COMPENSATION AND BENEFITS
(a) Credit. Referrer shall receive a credit for each Successful Dedicated Referral as follows:
(b) Referrer shall receive the following credits: $500 for each Successful Dedicated Referral that is received by IRIDES, LLC on or after March 1, 2005.
(c) The Credit will only be applied toward fees due IRIDES, LLC for Referrer's Service for the account specified during the referral process.
(d) Referrer shall bear all taxes, duties, levies, and other similar charges (and any related interest and penalties), however designated or imposed on it as a result of the existence or operation of the Credits or Referral Program Agreement, including any income, sales, or use tax on profits which may be levied against it.
(e) Referrer must be an IRIDES, LLC customer in good standing to receive the Credit; no Credit will be applied to accounts that are past-due or for accounts that are cancelled before the conditions for payment of the Credit are met. Upon cancellation of Referrer's account, any outstanding or previously accrued Credits will be forfeited. Credits will be applied against purchases or renewals for which payment is due after the date the Credit is applied. Credits will not be applied against past due balances.
(f) Credits will not be paid for accounts established through any channels other than as described herein. The Credit will be applied to Referrer's account within thirty (30) days following the month in which the conditions for payment of the Credit as described herein are met.
(g) No Credits will be paid for Prospect Orders for Virtual Hosting Services.
(h) Customer is eligible to receive Credit no more than 4 Credits per month.
18. REFERRAL PROGRAM PAYMENT
If Referrer declines credit to account, Referrer shall receive a payment for each Successful Dedicated Referral. For each Successful Dedicated Referral made pursuant to this agreement, Referrer shall receive a payment equal to the lesser of:
(a) first month's Net MRR for such Successful Dedicated Referral or (b) Four Hundred Dollars ($ 400) (the "Payment"). "Net MRR" means the monthly recurring revenue for hosting service for the Successful Managed Hosting Referral excluding: (x) the monthly recurring charges for any Prospect Order that is cancelled on or before the date on which IRIDES, LLC calculates the cash payment; and (y) any add-on or optional services which are not included as part of the standard Dedicated Services but are included as part of such Prospect's monthly recurring charge.
(c) Referrer shall bear all taxes, duties, levies, and other similar charges (and any related interest and penalties), however designated or imposed on it as a result of the existence or operation of the Payment or Referral Program Agreement, including any income, sales, or use tax on profits which may be levied against it.
(d) No Payment will be applied to accounts that are past-due or for accounts that are cancelled before the conditions for payment of the Payment are met.
(e) Payments will not be paid for accounts established through any channels other than as described herein. The Payment will be mailed to Referrer at the address listed on the Referral Form within thirty (30) days following the month in which the conditions for payment of the Payment as described herein are met.
(f) Within thirty (60) days following submission of a Prospect, Referrer must complete and submit to IRIDES, LLC a completed IRS Form W-9
(g) IRIDES, LLC will not make any payments to Referrer until IRIDES, LLC has received a completed Form W-9 from the Referrer. The Form W-9 is located at: http://www.irs.gov/pub/irs-fill/fw9.pdf and, once completed, should be faxed to IRIDES, LLC at 703-236-7900. If any information submitted by the Referrer on the W-9 is incomplete, incorrect or inaccurate, payments due Referrer may be delayed or withheld at IRIDES, LLC's sole discretion. It is the Referrer's responsibility to assure that IRIDES, LLC has a complete and accurate Form W-9 on file.
(h) No Payments will be paid for Prospect Orders for Virtual Hosting.
