a product of Intellitech I.T. Solutions Ltd.
Dedicated Servers, and Shared Hosting Provider

Terms of Service

Please read our Terms of Service (TOS) below. This is strictly enforced and is to benefit all clients and ourselves for the better of each party. Feel free to contact us anytime by telephone, or by clicking on the "Contact Us" link in the navigation panel on this site.

Intellitech I.T. Solutions Ltd., (Intellitech Hosting) ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of Intellitech I.T. Solutions Ltd.'s Service constitutes acceptance and agreement to Intellitech I.T. Solutions Ltd.'s AUP as well as Intellitech I.T. Solutions Ltd.'s TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of Intellitech I.T. Solutions Ltd. and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. The Subscriber understands that any change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the United Kingdom, applicable to contracts enforceable in the United Kingdom.

Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, the Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agency who may make a written request, without further consent or notification to the Subscriber. In addition Intellitech I.T. Solutions Ltd. shall have the right to terminate all service set forth in this Agreement.

Service Rates: The Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. The Subscriber will retain the 100% locked in rate from the first purchase rate until the life of the account (not including re-activation). Any promotional offer(s) is contingent upon the Company achieving and maintaining its cost of service goals including but not limited to rates charged to the company by its suppliers.

Payment: Establishment of this service is dependent upon receipt by the Company of the payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service.

Dedicated Server Authorisation: For fraud prevention, a basic authorisation form will be required to be filled out once your order is placed. It will require a copy of your credit card. This is NOT a contract but proof of card holder ownership.

Payments and Fees: Service will be interrupted on accounts that reach 3 days past the payment due date. Accounts that are not collectable by Intellitech I.T. Solutions Ltd. may be turned over to an external collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee as appropriate. If you desire to cancel your account, please follow the proper procedure to do this as outlined in section seven (7) of this TOS. You will be held responsible for 5% interest fee per invoice(s) past due, per month (invoices due 1st of each month).

Refund and Disputes: All payments to Intellitech I.T. Solutions Ltd. are non-refundable (excluding 30-day money back guarantee on shared hosting packages applicable to NEW CUSTOMERS ONLY). This includes the one time setup fee (if applicable) and subsequent charges, regardless of usage.
All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Intellitech I.T. Solutions Ltd.'s sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Intellitech I.T. Solutions Ltd. an "Administrative Fee" of not less than £50 and not more than £150. This includes but NOT limited to interest fees, collection fees, legal fees, chargeback (dispute) fees.

Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of the Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of the responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees incurred. The Subscriber will be held responsible for any collections and applicable legal fees for all unpaid invoices.
The Company is not, and will not be held responsible for the data integrity on equipment reclaimed for non-payment.

Account Cancellation: Requests for canceling accounts must be made at least 7 days prior to the end of a billing cycle (end of month). All orders, acceptance of the Companies TOS and AUP on placing the order, tickets, and related items are fully logged and recorded for security purposes.

  1. All cancellations must be submitted with a ticket for cancellation via the ticket system (help desk) - http://support.intellitech-hosting.com
  2. No other alternative method will be honoured.
  3. No partial refunds are provided whatsoever for services rendered.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the Company, and that damages resulting from any interruption of service are difficult to ascertain. Therefore, the subscriber agrees that the Company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. The Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable or paid by subscriber for services during the period damages occurred, and in no event shall the Company be liable for any special or consequential damages, loss or injury thereof.

New Domain Accounts: All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 1- 2 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by Intellitech I.T. Solutions Ltd. on behalf of the account holder, a handling fee will be incurred and the Subscriber will be notified of this.

Transfer of Domains: New web hosting accounts which involve the transfer of a domain from another provider to Intellitech I.T. Solutions Ltd. will require a minimum of three (3) days to be set up and entered into our DNS servers. In some cases, such transfers may take longer. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by Intellitech I.T. Solutions Ltd. on behalf of the account holder, a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.

Support Boundaries: Intellitech I.T. Solutions Ltd., provides 24 x 7 technical support to our subscribers through its providers and data hosts (except for few holidays and short company meetings when centre may be closed.) We limit our technical support to our area of expertise. The following is our guidelines when providing support:

  1. Intellitech I.T. Solutions Ltd. provides support related to your server or virtual site physical functioning.
  2. Intellitech I.T. Solutions Ltd.'s does not offer technical support for application specific issues such as cgi programming, html or any other such issue.
  3. Intellitech I.T. Solutions Ltd. does not provide technical support for YOUR customers.
    Help files in the program you are using may have the answer to your question so please do investigate these resources. It is recommended to use our knowledgebase first before submitting a support request. You will find most answers to common problems/questions there.

Dedicated Server Support Not Provided:

  1. Modifications to the operating system and control panel
  2. Programming of any kind on your website
  3. Installation of 3rd party software -(third party software - including but not limited to Fantastico, any other free scripts included with cPanel)
  4. SSL support is strictly limited to installing SSL sold to you by Intellitech I.T. Solutions Ltd. It does not include support on setting up your software to function with the SSL.
  5. Tutorials on modifying anything on the server - we do not provide you tutoring on how to operate the dedicated server. There is online documentation and flash tutorials available for you if needed.
  6. Anything found to corrupt the Operating System (OS) will result in a £50 Operating System re-install fee incurred on your account. There is an additional £50 per hour administration fee for any other services required (restore) after the Operating System re-install.
  7. Administration fees rated in half hour increments.

Free Software "Add-on Scripts": Intellitech I.T. Solutions Ltd. does not support your on any of the 3rd party software, also known as "add-on scripts" available within our scripts library. These are solely provided to you for ease and convenience of instant "auto install" installation. You will need to request support directly from the software developers via their respective website. You may request the website link from us anytime.

Third Party Software: Intellitech I.T. Solutions Ltd. does not provide any support for any third party software including software found in / within Fantastico. We do not guarantee any third party software to function within our servers (it is your responsibility to research on software requirements). Intellitech I.T. Solutions Ltd.s' dedicated customers may wish to install any software at their expense and their will so long as it does not break our AUP policy. It is solely the customer's responsibility to install any software and to keep the server in workable status. The customer is held responsible for a £50 fee for any operating system re-install (reload) if required.

BETA Modules: Intellitech I.T. Solutions Ltd. reserves the right to deny support to any customer on any beta mode modules and software. We reserve the right to refuse to solve any issues caused indirectly or directly by such beta modules.

SPAM and Unsolicited Commercial Email (UCE): Intellitech I.T. Solutions Ltd. takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Intellitech I.T. Solutions Ltd. may not use or permit others to use our network to transact in UCE. Customers of Intellitech I.T. Solutions Ltd. may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.

Violation of Intellitech I.T. Solutions Ltd. SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Intellitech I.T. Solutions Ltd. will initiate an immediate investigation (within 48 hours of notification). During the investigation, Intellitech I.T. Solutions Ltd. may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Intellitech I.T. Solutions Ltd. may, at its sole discretion, restrict, suspend or terminate the customer's account. Further, Intellitech I.T. Solutions Ltd. reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Intellitech I.T. Solutions Ltd. will notify the relevant law enforcement agency and / or responsible official body if the violation is believed to be a criminal offense.

First violations of this policy will result in an "Administrative Fee" of £250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of £500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not exceeding £175 per hour that Intellitech I.T. Solutions Ltd. personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

As our Customers are ultimately responsible for the actions of their clients over the Intellitech I.T. Solutions Ltd. network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

IMPORTANT NOTICE:

WITH IMMEDIATE EFFECT, anyone hosting websites or services on their server 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 removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed.
Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.

Network IP Address Ownership: If Intellitech I.T. Solutions Ltd. assigns the Customer an Internet Protocol (IP) address for the Customer's use, the right to use that Internet Protocol address shall belong only to Intellitech I.T. Solutions Ltd., and the Customer shall have no right to use that Internet Protocol address except as permitted by Intellitech I.T. Solutions Ltd. in its sole discretion in connection with the Services, during the term of this Agreement.

Intellitech I.T. Solutions Ltd. shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to the Customer by Intellitech I.T. Solutions Ltd., and Intellitech I.T. Solutions Ltd. reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorisation to use those IP addresses that could be used with name-based hosting. All IP upgrades of 128 or full "C" class are per one year (1 year) agreement only on dedicated servers. Cancellations of dedicated servers will result in pro-rated remainder of payment due for IP allocation per server, per 128 or "C" class.

Bandwidth and Disk Usage: The Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Intellitech I.T. Solutions Ltd. will monitor Customer's bandwidth and disk usage. Intellitech I.T. Solutions Ltd. shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement; the actions taken will be in Intellitech I.T. Solutions Ltd.'s sole and absolute discretion. Intellitech I.T. Solutions Ltd. charges £1 per single GB overarage for the current month up until the last minute of the calendar day of the current calendar month. If Intellitech I.T. Solutions Ltd. takes any corrective action under this section, the Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Intellitech I.T. Solutions Ltd. may, at its sole discretion, collect a deposit, for an amount determined by Intellitech I.T. Solutions Ltd. against the customer's credit card on file with Intellitech I.T. Solutions Ltd.
System and Network Security: Users are prohibited from violating or attempting to violate the security of the Intellitech I.T. Solutions Ltd. Network. Violations of system or network security may result in civil or criminal liability. Intellitech I.T. Solutions Ltd. will investigate such occurrences, which may involve such violations and may involve, and co-operate with law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

  1. Accessing data not intended for such User or logging into a server or account, which such the User is not authorised to access.
  2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation.
  3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
  4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
  5. Taking any action in order to obtain services to which such User is not entitled.

Server Hardware Replacement: Intellitech I.T. Solutions Ltd. guarantees a one hour hardware replacement should any part fail. We will first investigate and test to be sure the hardware is in fact defective. You are not held liable for the costs incurred. Intellitech I.T. Solutions Ltd. holds no responsibility for any loss data should this occur to you.

Notification of Violation: Intellitech I.T. Solutions Ltd. is under no duty to look at each customer or users' activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

First violation: Any User, which Intellitech I.T. Solutions Ltd. determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of their violation. The service may be subject to, at Intellitech I.T. Solutions Ltd.'s discretion, a temporary suspension pending a Users' agreement in writing, to refrain from any such further violations.

Second Violation: Users that Intellitech I.T. Solutions Ltd. determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

Suspension of Service or Cancellation: Intellitech I.T. Solutions Ltd. reserves the right to suspend network access to any customer if in the judgment of the Intellitech I.T. Solutions Ltd.s' network administrators, the customers' server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Intellitech I.T. Solutions Ltd. chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

Intellitech I.T. Solutions Ltd. reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Intellitech I.T. Solutions Ltd. must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

Indemnification: Intellitech I.T. Solutions Ltd. wishes to emphasise that in agreeing to Intellitech I.T. Solutions Ltd.s Acceptable Use Policy (AUP) and Terms of Service (TOS), the customer indemnifies Intellitech I.T. Solutions Ltd. for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Intellitech I.T. Solutions Ltd. or the bringing of any claim against Intellitech I.T. Solutions Ltd. by any third-party.
(This means that if Intellitech I.T. Solutions Ltd. is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Intellitech I.T. Solutions Ltd., plus all costs and legal fees.)

Miscellaneous Provisions: You must provide us with, and keep current, your contact information. E-mail, fax, and telephone contacts are used, in that order of preference.
A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

Intellitech I.T. Solutions Ltd. takes no responsibility for any material input by others and not posted to the Intellitech I.T. Solutions Ltd. Network by Intellitech I.T. Solutions Ltd.
Intellitech I.T. Solutions Ltd. is not responsible for the content of any other websites linked to the Intellitech I.T. Solutions Ltd. Network; links are provided as Internet navigation tools only.
Intellitech I.T. Solutions Ltd. disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

Intellitech I.T. Solutions Ltd. is not responsible for any damages your business may suffer. Intellitech I.T. Solutions Ltd. does not make implied or written warranties for any of our services. Intellitech I.T. Solutions Ltd. denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Intellitech I.T. Solutions Ltd.

It is absolutely forbidden to host pornographic content or IRC servers on ANY Server Accounts. Any accounts found hosting this material will be subject to immediate cancellation without refund.

Responsibility for Content: You, as an Intellitech I.T. Solutions Ltd. customer, are solely responsible for the content stored on and served by your Intellitech I.T. Solutions Ltd. server and / or shared hosting account.

Denial of Service: We reserve the right to refuse service to anyone, and at any time, for any reason.


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