General Terms and Conditions


In2net is owned and operated by In2net Network Inc. From hereon in this agreement IN2NET owned by In2net Network Inc. will be referred to as IN2NET. This agreement represents the complete agreement and understanding between In2net Network Inc. (hereinafter called IN2NET) and the customer (hereinafter called Account Holder) and supersedes any other written or oral agreement. IN2NET reserves the right, in its sole discretion, with or without notice, may modify, these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change the services offered. Account Holder must comply with IN2NET's current "Terms and Conditions," as updated from time to time by IN2NET, which can be viewed at IN2NET web site.

Submission of your account order shall constitute your acceptance of these Terms and Conditions.


1. Provision of Services

  1. Service means - Any act of serving the ACCOUNT HOLDER, being provided by IN2NET, regardless of its duration and whether it's a paid service or a free service.
  2. Without limiting the scope of item 1.a. above, IN2NET will provide services on its host computing systems, shared server to individual ACCOUNT HOLDERS in exchange for payment of fees and compliance with the terms and conditions of this document.
  3. IN2NET Services are defined as the use by the ACCOUNT HOLDER of computing, telecommunications, software, and information services provided by IN2NET. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the Global Internet.
  4. IN2NET's setup fee does not include the InterNIC domain maintenance charge of US$70 for 2 years, or any other regional registrar domain registration fees.
  5. Be advised that upon registering a domain name with InterNIC you will be subject to the Terms and Conditions of InterNIC or other registries as applicable.

2. Use of Services

  1. The ACCOUNT HOLDER agrees to use the services provided by IN2NET as permitted by applicable local, provincial, state, and federal laws. The ACCOUNT HOLDER agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law, libelous, or against any IN2NET policy.
  2. IN2NET reserves the right to refuse service to any new or existing customers.
  3. The ACCOUNT HOLDER is solely responsible for any legal liability arising out of, or relating to, his/her web site at IN2NET. The ACCOUNT HOLDER represents and warrants to IN2NET that it holds the necessary rights to permit the use of any of the items on his/her web site, and, that the use, reproduction, distribution, transmission or display of any data to the public, and any material to which the public can link through, or any products of services made available to the public through his/her web site, will not -
    1. violate or potentially violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, business or personal dispute or argument, invasion of privacy or rights of celebrity, violation of any anti discrimination law or regulation, or any other right of any person or entity, or any personal or business argument or dispute; or
    2. contain any material that is: unlawful, harmful, fraudulent, libelous, slanderous, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically, disputatiously, argumentatively or otherwise objectionable, including, without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national or international law. ACCOUNT HOLDER agrees to indemnify and to hold IN2NET, and any third party entities related to IN2NET, harmless from and against any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses arising out of or related to:
      1. The ACCOUNT HOLDER's breach of any of the forgoing representations and warranties, or
      2. any other third party claim with respect thereto.
  4. The ACCOUNT HOLDER understands and agrees that hosting of the ACCOUNT HOLDER's web site is at the sole discretion of IN2NET. IN2NET may at its sole discretion discontinue web site hosting service to any ACCOUNT HOLDER operating a web site that IN2NET deems to be in violation of Section (3c.) of these Terms and Conditions.
  5. IN2NET accounts cannot be transferred or used by anyone other than the ACCOUNT HOLDER. ACCOUNT HOLDER may not sell, lease, rent or assign the connection or parts of the connection to any party not named in this agreement.
  6. Use of other organizations networks or computing resources is subject to their respective permission and usage policy.

3. Use of Material

  1. Public Domain materials (e.g., images, text, and programs) may be downloaded or uploaded using IN2NET services. ACCOUNT HOLDERS may also re-distribute materials in the public domain. The ACCOUNT HOLDER assumes all risks regarding the determination of whether the material is in the public domain.
  2. As provided by Canada federal law, United States federal law and by International law, copyrighted materials (e.g., images, text, and programs) may not be uploaded using IN2NET services without the permission of the copyright holder. Copyrighted materials may be downloaded for personal use. Except as expressly permitted, materials under copyright may not be distributed to others. Copyrighted material may not be changed nor can the author attribution notices nor the copyright notices be modified.

4. Password Security

The ACCOUNT HOLDER agrees to maintain a secure password to the account. Secure passwords are those that are between 6 and 12 characters long, contain upper and lowercase letters, numbers or other characters. The ACCOUNT HOLDER is solely responsible for changing its password as required to assure secure access to its account.

5. Indemnification

The ACCOUNT HOLDER agrees to protect, defend, hold harmless and to indemnify IN2NET, its Parents, Subsidiaries, Affiliates, Executives, Directors, Officers, Managers, Employees, Successors, Assigns, Consultants and Agents, from any claims, including attorney's fees, resulting from the ACCOUNT HOLDER's use of IN2NET's services.

6. Limited Liability

  1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY SHALL IN2NET BE LIABLE TO THE ACCOUNT HOLDER FOR ANY BUSINESS LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS/SERVICES, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, OR INABILITY TO USE, ANY OF IN2NET'S SERVICES, EVEN IF IN2NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL IN2NET'S LIABILITY EXCEED THE MONTHLY FEE PAID BY THE ACCOUNT HOLDER. THIS LIMITATION OF LIABILITY AND RISKS IS REFLECTED IN THE PRICE OF IN2NET'S SERVICES.
  2. The ACCOUNT HOLDER acknowledges that IN2NET makes an honest effort to keep the information available on IN2NET's systems accurate. However, IN2NET can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity for the data and/or information available. Use of information obtained from or through IN2NET is at the risk of the ACCOUNT HOLDER.
  3. The ACCOUNT HOLDER acknowledges that the information available through the interconnecting networks may not be accurate. IN2NET has no ability or authority over the material. IN2NET can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information residing on or passing through these networks. Use of information obtained from or through IN2NET services is at the risk of the ACCOUNT HOLDER.
  4. The ACCOUNT HOLDER understands, agrees and acknowledges that IN2NET makes an honest effort to provide the ACCOUNT HOLDER with Technologies, Developments and Innovations that part of them are being licensed, or co-branded, from or by, third-party entities. However, IN2NET can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, reliability or validity for the application(s), data and/or information involved in such items. IN2NET specifically disclaims all warranties of merchantability and and fitness for a particular purpose. The use of these application(s), data and/or information obtained from or through IN2NET, or any other referred third-party, directly or indirectly, is at the risk of the ACCOUNT HOLDER.
  5. The ACCOUNT HOLDER understands, agrees and acknowledges that IN2NET will use its best efforts to maintain a full time Internet presence for ACCOUNT HOLDER. The network may be down due, but not limited to, utility interruption, equipment failure, natural disaster, acts of God, or human error. ACCOUNT HOLDER agrees that these events may or may not occur and ACCOUNT HOLDER will hold IN2NET, its Parents, Subsidiaries, Affiliates, Executives, Directors, Officers, Managers, Employees, Successors, Assigns, Consultants and Agents, free and harmless from any damages incurred in any event of any type of loss resulting from any reason whatsoever. Uses of IN2NET service is at the risk of the ACCOUNT HOLDER.

7. Payment of Fees and Penalties

  1. The IN2NET accounting cycle begins on the 1st of each month. Charges for new accounts are prorated.
  2. Service payments will be charged in advance of receiving services.
  3. The service contract will be automatically renewed at the end of its term and the service payment for the renewal term will be charged automatically to ACCOUNT HOLDER's credit card. The length of the renewal term is based on the service plan "billing frequency."
  4. Payment is due at beginning of each accounting cycle.
  5. Overdue accounts are those that remain unpaid 7 days after beginning of accounting cycle.
  6. Accounts that are overdue are put on "accounting hold" and may not be used. Accounts that are unpaid for 15 days will be suspended immediately with or without notice.
  7. There is a service reconnection charge equal to the currently charged setup fee to reactivate accounts from suspended status.
  8. The ACCOUNT HOLDER acknowledges responsibility for the account until payment in full is made.
  9. There is a CAD$25.00 service charge for each check that is not honored.
  10. The ACCOUNT HOLDER will be charged for excessive bandwidth usage(above the relevant allowance of the chosen service package). It is the ACCOUNT HOLDER responsibility to monitor the amount of bandwidth of his/her account, on a daily basis. IN2NET has no obligation to warn the ACCOUNT HOLDER regarding the excessive bandwidth usage.

8. "NOT-TO-RENEW" Requests

This agreement will commence upon the ACCOUNT HOLDER's acceptance of it and continue on a month-to-month basis.
  1. For ACCOUNT HOLDERS that pay on a MONTHLY basis ONLY - "NOT-TO-RENEW" requests for IN2NET accounts must be given in written form, before the 15th of each month, in order to be processed by the end of the same month.
  2. For ACCOUNT HOLDERS that pay on a NON-MONTHLY basis (3,6 and 12 months) - "NOT-TO-RENEW" requests for IN2NET accounts must be given in written form, 15 days before the account's anniversary date, in order to be processed before anniversary date. This will prevent an automatic renewal and charge.
  3. All IN2NET accounts must be paid in full before the transaction will be considered complete.

9. Abuse of Services

  1. Any use of IN2NET system resources that disrupts the normal use of the system for other IN2NET customers is considered to be abuse of system resources and is grounds for administrative intervention. Some examples of system abuse include, but are not limited to, spawning dozens of processes, consuming excessive amounts of memory or CPU for long periods of time, overwhelm the server with heavy CPU usage from highly active CGI scripts or chat scripts, spamming or mass emailing using internal or external mail and/or news servers. Without limiting the scope of the above, IN2NET forbids the storage of illegal/pirated software, the use of any type of IRC bot and/or proxy (including, but not limited to, bnc and eggdrop), the storage and use of any type of software intended for hacking/cracking purposes and the storage or sale of bulk email lists intended for spamming or resale purposes.
  2. Depending on the nature and the severity of the abuse, the user may receive an email warning or have his/her account suspended by IN2NET Technical Support. Spamming activities will result in immediate termination of services to Account Holder.
  3. Unethical and criminal offenses are violations of IN2NET conditions of use. You are expected to report to IN2NET any information you may have concerning instances in which the conditions of use have been or are being violated. When IN2NET becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, IN2NET may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of IN2NET, following payment of a reconnection charge equal to the current setup fee.

10. IP Addresses

IN2NET maintains control and ownership of any and all IP numbers and IP addresses that may be assigned to the ACCOUNT HOLDER and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. ACCOUNT HOLDER will have no right to use the assigned IP numbers except as allowed by IN2NET in its sole discretion in connection with the plan ACCOUNT HOLDER has selected, during the term of this agreement.

11. Assignment

The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective successors, executors and administrators, as the case may be, provided that the ACCOUNT HOLDER may not assign or delegate its rights and obligations under his business relationships with IN2NET, either in whole or in part, without the prior written consent of IN2NET. IN2NET may assign its rights and obligations under this Agreement to a third party in connection with a merger, consolidation, sale of all or substantially all of IN2NET's assets or other corporate reorganization.

12. Governing Law/Severability

Any Agreement, arising from the business relationships between IN2NET and the ACCOUNT HOLDER, will be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without reference to its conflicts of laws principles. ACCOUNT HOLDER agrees that any litigation or arbitration between the parties will take place in British Columbia, Canada, and consent to personal jurisdiction and venue in that Province. If any provision of that Agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of that Agreement will continue in full force and effect.

13. Age of Majority

Any Agreement, arising from the business relationships between IN2NET and the ACCOUNT HOLDER, will be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without reference to its conflicts of laws principles. ACCOUNT HOLDER agrees that any litigation or arbitration between the parties will take place in British Columbia, Canada, and consent to personal jurisdiction and venue in that Province. If any provision of that Agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of that Agreement will continue in full force and effect.

14. Complete Understanding/Modification

These Terms & Conditions constitute the full and complete understanding and agreement of the ACCOUNT HOLDER and IN2NET, relating to the subject matter hereof, and supersedes all prior understandings, agreements, representations and warranties relating to such subject matter. Any waiver, modification, or amendment of any provision of this Terms & Conditions, initiated by the ACCOUNT HOLDER, will be effective only if accepted in writing and signed by IN2NET.


 
Vancouver Colocation and Dedicated Hosting Solutions 604.608.6868  ©1996-2013 In2net Networks Inc. All rights reserved.