Section 1: Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with Icy Evolution, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. Icy Evolution is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account. In high risk transactions, it will be necessary to provide government issued identification. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
Section 2: Transfers
Our transfer team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make any guarantee 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. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
Section 3 (a): Ownership
Section 3 (b): Dispute Resolution and Counter Notification For Ownership Change
Sometimes disputes may arise among or between various persons claiming rights or ownership of a site hosted by Icy Evolution or in any associated account of Icy Evolution. Resolution of any such issue will not be Icy Evolution’s obligation. In case of many different persons claiming rights or ownership of a site hosted by Icy Evolution, then, in Icy Evolution’s sole judgment, to the extent of its ability and knowledge, it may notify concerned persons involved in the dispute and demand that involved persons swiftly and conclusively resolve the dispute, thereby making clear as to who the interest holder(s) and/ or owner(s) is/are. During a dispute, access to the account will be frozen for a minimum of 72 hours however all services will be available to the public. In case the disputing persons are unable to resolve the dispute within 72 hours after receiving the dispute notification, the account will be frozen until:
1: a resolution confirmation is received from all involving and disputing parties agreeing to hand over the account to the legitimate account owner or
2: a request of ownership letter bearing the company seal, signed by all directors or signed by at least one director and at least one shareholder whereas all signatories of the request of change of ownership letter must own a total of over 50% of the company’s shares, is received by registered post mail by Icy Evolution.
In the event of Section 3(b)1: Account access will be given to the legitimate account owner as agreed by all parties involved in the dispute of ownership.
In the event of Section 3(b)2: Account access will be given to the email address provided by the entities involved in condition Section 3(b)2.
Section 4: Third Party Providers
All transactions with third party providers are solely between the visitor and the individual provider. Icy Evolution is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
All discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide the goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific provider with whom you are dealing.
We do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers.
Section 5: Content
All services provided by Icy Evolution may only be used for lawful purposes.
The customer agrees to indemnify and hold harmless Icy Evolution from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email email@example.com with the information required.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account at a time.
Please do not take backups of your backups.
Examples of unacceptable material on all shared hosting plans include:
- IRC Scripts/Bots
- Proxy Scripts/Anonymizers
- Pirated Software/Warez
- Image Hosting Scripts (similar to Photobucket or Tinypic)
- AutoSurf/PTC/PTS/PPC sites
- IP Scanners
- Bruteforce Programs/Scripts/Applications
- Mail Bombers/Spam Scripts
- Banner-Ad services (commercial banner ad rotation)
- File Dump/Mirror Scripts (similar to rapidshare)
- Commercial Audio Streaming (more than one or two streams)
- Escrow/Bank Debentures
- High-Yield Interest Programs (HYIP) or Related Sites
- Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
- Sale of any controlled substance without prior proof of appropriate permit(s)
- Prime Banks Programs
- Lottery/Gambling Sites
- Hacker focused sites/archives/programs
- Sites promoting illegal activities
- Bank Debentures/Bank Debenture Trading Programs
- Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
- Push button mail scripts
- Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
- Tell A Friend Scripts
- Anonymous or Bulk SMS Gateways
Icy Evolution services, including all related equipment, networks and network devices are provided only for authorized customer use. Icy Evolution systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, 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. Use of Icy Evolution system(s) constitutes consent to monitoring for these purposes.
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 must be with expressed written consent from the third party. Icy Evolution may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via email and will have a response within 48 hours.
Sites hosted on icyevolution.com’s service(s) are regulated by Mauritian laws as well as by the laws of the country in which your server is located in. Our servers are deployed in: Mauritius, Netherland, Italy, Russia, Moldova, Sweden and UK. Given this fact, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order issued by the collocating country court or Mauritius court. IcyEvolution.com is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a collocating country court or Mauritian Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.
By using our service you also agree that internet services providers like IcyEvolution.com and many of IcyEvolution.com’s other webhosting services and brands are republishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, IcyEvolution.com should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under IcyEvolution.com’s webhosting service(s).
If in doubt regarding the acceptability of your site or service, please contact us at firstname.lastname@example.org and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of 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. It is required that you 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/update your password.
Section 6: Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists”, purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
Icy Evolution reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
Icy Evolution reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Icy Evolution.
Section 7: Payment Information
You agree to supply appropriate payment for the services received from Icy Evolution, in advance of the time period during which such services are provided. You agree that until and unless you notify Icy Evolution of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Cancellations must be addressed via email to email@example.com. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled.
As a client of Icy Evolution, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify Icy Evolution of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by Icy Evolution. Icy Evolution reserves the right to bill your credit card or billing information on file with us. Icy Evolution provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a 10% late fee and/or an account suspension until account balance has been paid in full. The 10% late fee is applied in addition to whatever else is owed to Icy Evolution for services rendered. Access to the account will not be restored until payment has been received.
It is the customer’s responsibility to notify our sales team via email at firstname.lastname@example.org after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and Icy Evolution cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain’s renewal.
Subsequently, domain renewals are billed and renewed 20 days before the renew date for clients who have chosen to pay by bank check or cash and 5 days before the renew date for clients who have chosen to pay using online payment methods such as Paypal, 2Checkout and Internet Banking. It is the customer’s responsibility to notify our sales team via email for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations, and renewals are final.
Icy Evolution reserves the right to change the monthly payment amount and any other charges at anytime.
Section 8: Backups and Data Loss
Your use of this service is at your sole risk.
Shared hosting: Backups are run every 48 hours.
VPS and dedicated servers: Backups are run nightly
One week of backups are kept. This service is provided to you as a courtesy. Icy Evolution is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Icy Evolution servers.
Section 9: Cancellations and Refunds
Icy Evolution reserves the right to cancel and suspend any order, or otherwise restrict access to the account at any time with or without notice. If for any reason, Icy Evolution cannot process the order, Icy Evolution reserves the right to cancel and refund payment made for the specified order.
Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in MRU Rs, and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Icy Evolution is not responsible for any change in exchange rates between time of payment and time of refund.
Cancellations requested after the initial 45 days for Shared and Reseller accounts will go into effect on the renewal date for that particular hosting package. Unless specifically requested, the account will remain active until the period expires. If the account is eligible, any request for a refund outside of the initial 45 day period will be given on a prorated basis with any previous extended term discount withheld. Refunds are to be determined once the account has been canceled. Payments older than 60 days may require a refund via PayPal or mailed check due to our merchant account policies and procedures.
The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:
- Bank Wire Transfers
- Western Union Payments
- Money orders
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
Violations of the Terms of Service will waive the refund policy.
Section 10 (a): Resource Usage
User may not:
- Use 20% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
- Participate in any file-sharing/peer-to-peer activities
- Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
- Run cron entries with intervals of less than 15 minutes.
- Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
- When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)
- To help reduce usage, do not force html to handle server-side code (like php and shtml).
- Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
Section 10 (b): INODES
The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage, however databases will still be backed up. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here.
Section 10 (c): Backup Limit
Any shared account using more than 15 GB 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 which helps protect against data loss in the event of a drive failure.
Section 11: Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we will automatically allocate your more resources under a fair usage policy however we also reserve the right where needed to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
Section 12: Payments and Price Change
Icy Evolution issues proforma invoices for every order and they are non bidding invoices. After payment is received and an order is marked as completed, the actual invoice, marked as PAID, which is also the payment receipt, is issued and sent to the client. The amount you pay for hosting may increase from the date of purchase and we will communicate any increase in pricing ahead of the next upcoming invoice. We reserve the right to change prices listed on Icy Evolution.com, and the right to increase the amount of resources given to plans at any time.
Section 13(a): Indemnification
Customer agrees that it shall defend, indemnify, save and hold Icy Evolution harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Icy Evolution, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Icy Evolution against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Icy Evolution; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Icy Evolution’s server.
Section 13(b): Arbitration
By using any Icy Evolution services, you agree to submit to binding arbitration. If any disputes or claims arise against Icy Evolution or its subsidiaries, such disputes will be handled by an arbitrator of Icy Evolution’s choice. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. You are also responsible for any and all costs related to such arbitration.
Section 14: Disclaimer
Icy Evolution shall not be responsible for any damages your business may suffer. Icy Evolution makes no warranties of any kind, expressed or implied for services we provide. Icy Evolution disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Icy Evolution and its employees.
Section 15: Disclosure to law enforcement
Icy Evolution may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
Section 16: Changes to the TOS
Icy Evolution reserves the right to revise its policies at any time without notice.