iBest.net, LLC Terms of Service

iBest.net, LLC operates iBest.net, BestHostingBuy.com, CoastalHost.net and other sites. Unless otherwise specifically noted, iBest.net policies are uniform and the same for all sites operated by iBest.net, LLC. The name iBest.net in our terms and policies are considered to be inclusive of all iBest.net divisions. The Service will be used to include any product or service provided by iBest.net.

These are the terms that govern your use of this site. Please read them and if you have any questions, please ask us.

The following terms and conditions govern all use of the iBest.net services, and all content, services and products available at or through iBest.net.

From time to time iBest.net may impose reasonable rules and regulations regarding the use of its services. The AUPs are not exhaustive and iBest.net reserves the right to modify the AUPs at any time, effective upon either the posting of the modified AUPs to www.iBest.net or notification of the modified AUPs. By registering for and using the services, and thereby accepting the terms and conditions of the Acceptable Use Policy (AUP), you agree to abide by them as modified from time to time. Any violation of the AUPs may result in the suspension or termination of your account or such other action as iBest.net deems appropriate. An unlisted activity may also be a violation of the AUPs if it is illegal, irresponsible, or disruptive use of the Internet. No credits will be issued for any interruption in service resulting from policy violations.

VIOLATION OF ANY AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM IBEST.NET. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. "CONTENT" INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, COMMERCIAL WEBSITES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS IBEST.NET'S POLICY TO TERMINATE REPEAT POLICY VIOLATERS. IBEST.NET RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME.

Client Security Responsibilities

The client is solely responsible for any breaches of security affecting servers under client control. If a client's server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the client is responsible for the cost to rectify any damage done to the client's server and any other requirement affected by the security breach. The labor used to rectify any such damage is categorized as emergency security breach recovery and is currently charged at $200 USD per hour. Inquiries regarding security matters may be directed to Support at support@iBest.net.

System And Network Security

Violations of system or network security are prohibited, and may result in criminal and civil liability. iBest.net may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:  · Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
 · Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
 · Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
 · Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.

Violators of the policy are responsible, without limitations, for the cost of labor to clean up and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by iBest.net. Such labor is categorized as emergency security breach recovery and is currently charged at $100 USD per hour required. Enquiries regarding security matters may be directed to Support at support@iBest.net. iBest.net is concerned with the privacy of online communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, iBest.net urges its clients to assume that all of their online communications are insecure. iBest.net cannot take responsibility for the security of information transmitted over iBest.net's facilities.

Password Protection

The client is responsible for protecting client's password and for any authorized or unauthorized use made of client's password. The client will not use or permit anyone to use iBest.net's service to guess passwords or to access other systems or networks without authorization. iBest.net will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.

Internet Etiquette

The client is expected to be familiar with and to practice good Internet etiquette (Netiquette). The client will comply with the rules appropriate to any network to which iBest.net may provide access. The client should not post, transmit, or permit Internet access to information the client desires to keep confidential. The client is not permitted to post any material that is illegal, libelous, tortuous, indecently depicts children or is likely to result in retaliation against iBest.net by offended users. iBest.net reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.

Copyright Infringement - Software Piracy Policy

The iBest.net network may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights.

Making unauthorized copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. If caught with pirated software, you or your company may be liable under both civil and criminal law.

iBest.net will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

Network Responsibility

Clients have a responsibility to use the iBest.net network responsibly. This includes respecting the other clients of iBest.net. iBest.net reserves the right to suspend and or cancel service with any Client who uses the iBest.net network in such a way that adversely effects other iBest.net clients. This includes but is not limited to:  · *Attacking or attempting to gain unauthorized access to servers and services that belong to iBest.net or its clients (i.e. computer hacking), and/or
 · Participating in behavior which result in reprisals that adversely effect the iBest.net network or other clients' access to the iBest.net network.

iBest.net will react strongly to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include, but are not limited to, "Internet Scanning" (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, etc. Any unauthorized use of accounts or computers by a iBest.net client, whether or not the attacked account or computer belongs to iBest.net, will result in severe action taken against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Any attempt to undermine or cause harm to a server, or client, of iBest.net is strictly prohibited.

Violations of this policy may be reported directly to the FBI's Infrastructure Protection & Computer Intrusion Squad at http://www.fbi.gov/programs/ipcis/ipcis.htm. iBest.net will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or AUP is prohibited. This includes, but is not limited to: copyrighted material or material protected by trade secret and other statute or dissemination of harmful or fraudulent content.

Using any iBest.net service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law is prohibited.

Using any iBest.net service or product for the purpose of participating in any activity dealing with subject matters that are considered objectionable by iBest.net is prohibited. This includes the hosting or relay of adult material of any type and gambling sites. iBest.net has the sole right to determine what is objectionable.

Any conduct that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restriction in connection with use of iBest.net services or products is prohibited. Using the iBest.net network to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited.

Servers hosted within iBest.net network are open to the public. You are solely responsible for your usage of the iBest.net network and servers and any statement you make on servers hosted within the iBest.net network may be deemed "publication" of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libelous.

iBest.net will cooperate fully with any criminal investigation into a Client's violation of the Child Protection Act of 1984 concerning child pornography. Clients are ultimately responsible for the actions of their customers over the iBest.net network, and will be liable for illegal material posted by their clients.

Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT.

Commercial Advertisements with E-mail

Please see the iBest.net Email Policy.

Violation of iBest.net's email policy may be reported to abuse@iBest.net.

IP Address Overlap

The client cannot use IP addresses which were not assigned to them by iBest.net staff. Any server found using IPs which were not officially assigned will be suspended from network access until such time as the IP addresses overlap can be corrected.

IRC

We currently do not allow IRC or IRC bots to be operated on our servers.

Payment Policies

Please see the iBest.net Billing Policy.

Suspension

iBest.net reserves the right to suspend network access to any client if, in the judgment of iBest.net, the client's server is the source or target of the violation of any of the other terms of the AUPs or for any other reason which iBest.net chooses. If inappropriate activity is detected, all accounts of the Client in question will be deactivated until an investigation is complete. Prior notification to the Client is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The client will not be credited for the time the client's machines were suspended. The Client will be credited on a prorated basis based on the monthly fees the Client pays for the servers that are suspended for the time the Client's machines were suspended.

Cancellation

iBest.net reserves the right to cancel service at any time. If inappropriate activity is detected, all accounts of the client in question will be deactivated until an investigation is complete. Prior notification to the Client is not assured. In extreme cases, law enforcement will be contacted regarding the activity. All fees paid in advance of cancellation will be prorated and paid by iBest.net if iBest.net institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the client (i.e. transfer, space etc.).

Indemnification

iBest.net wishes to emphasize that in agreeing to the AUP, the client indemnifies iBest.net for any violation of the AUP or its equivalent, that results in loss to iBest.net or the bringing of any claim against iBest.net by any third-party. This means that if iBest.net is sued because of a client's or a customer of a client's activity, the client will pay any damages awarded against iBest.net, plus costs and reasonable attorney's fees.


Disclaimer of Responsibility

iBest.net is under no duty to look at each client's or user's activities to determine if a violation of the AUPs has occurred, nor do we assume any responsibility through our AUPs to monitor or police Internet-related activities. iBest.net disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person's or party's violation of this policy.

All websites and dedicated servers of iBest.net must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THESE AUPs BY YOU.

Miscellaneous. This Agreement constitutes the entire agreement between The Service and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of The Service, or by the posting by The Service of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of North Carolina, USA, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in New Hanover County, NC. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled by arbitration in New Hanover County, NC. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Automattic may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.