Examples of prohibited content or links include (but are not limited to):
• IRC Software
• Pirated software
• Hacking programs or archives
• Warez Sites
• Distribution of music files or any other material in which the account holder does not own the copyright.
• Adult Sites
• Game Servers (dedicated game server programs)

• Spamming, i.e. the sending of unsolicited email, from any Impact Web Solutions server or any server located on the Impact Web Solutions network is STRICTLY prohibited. Impact Web Solutions will be the sole arbiter as to what constitutes a violation of this provision. This also includes Optin Optout mail programs and mail that either directly or indirectly references a domain contained within an account at Impact Web Solutions. In addition to termination of any account found to be in violation there will also be a $100 penalty fine applied for every valid spam complaint processed by Impact Web Solutions staff.
• Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Impact Web Solutions customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to or from any IWS Inc.-hosted domain, or referencing any Impact Web Solutions account, is prohibited.
• Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks is prohibited.
• Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
• Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.
• The SMTP servers are for client accounts only. You are not permitted to give SMTP account access to a 3rd party allowing them to send mail through the IWS servers. Doing so, will result in immediate termination of your hosting account.

• Logging into a server or account that you are not authorized to access
• Accessing data or taking any action to obtain services not intended for you or your use
• Attempting to probe, scan or test the vulnerability of any system, subsystem or network
• Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
• Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the System
• Interfering with, intercepting or expropriating any system, data or information
• Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system

You will be held responsible for all actions performed by your account whether it be done by you or by others.

All sub-networks of Impact Web Solutions, LLC. and all dedicated servers must adhere to the above policies.


Scheduled Maintenance and Downtime


Impact Web Solutions will use its commercially reasonably efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond Impact Web Solutions's control or which are not reasonably foreseeable by Impact Web Solutions, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. Impact Web Solutions will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. Impact Web Solutions has no responsibility for downtime resulting from a user's actions.


Limitations on Use


Any account using 15% or more of the server CPU or memory can be suspended and/or terminated.

Any account that uses excessive amounts of bandwidth can and will be subjected to bandwidth throttling. Bandwidth overages will be billed at $5.00 per GB.

Background Processes. Unauthorized background processes shall result in immediate termination of the account. Impact Web Solutions maintains the right to cancel accounts at its discretion.



Account Setup, Termination, and Billing:


Upon agreement of services, the hosting cost will be included in the initial down payment.

Check Orders: All accounts will be paid by check only.

Billing: All accounts will be billed on a yearly cycle.

Disabling of accounts due to overdue payment: Accounts will be disabled if payment is not received within 14 days of the invoice date. If your account has been disabled, you may be charged a reconnection fee of up to $50 in order to re-enable your account.

Termination of accounts due to overdue payment: If the account is not paid within 30 days of the invoice date, the account will be terminated and all information within the account will be deleted.

Cancellation Procedure: Valid proof of account ownership will be required to terminate an account.

Domain Name Transfers: Impact Web Solutions shall not be held responsible for domain transfers. The account holder is responsible for completing any necessary domain name transfers unless arrangements have been made with IWS to do so.

Free Domain Name Registration: Impact Web Solutions will register any available .com, .org, or .net domain for free upon the acceptance and down payment of a new agreement. The free domain offer does not apply to existing accounts or domains already registered, or to orders that did not request the free domain registration at the time the order was placed.

Free registration is for the first year only, subsequent renewals are $15 per year that the domain is renewed for.

Courtesy Services for Customers



All services such as backup and Cpanel are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber's own backup of any data. Impact Web Solutions, LLC. is not responsible for lost data or for lost data due to third party software that is not maintained by Impact Web Solutions, LLC. programming staff. (Cpanel is not associated with Impact Web Solutions, LLC.)

Limitation of Damages



Recovery of damages from Impact Web Solutions may not exceed the amount of fees it has collected on the account.

General



Terms Of Service are subject to change without any prior notification.

These Terms of Service are a legally binding contract between the subscriber and Impact Web Solutions, LLC.

By opening an account, the subscriber agrees to the above-stated terms.

Anything not listed in the Terms of Service is open to interpretation and change by Impact Web Solutions, LLC. administrators without prior notice.

Any violation of these Terms of Service will result in termination of the account. Impact Web Solutions, LLC. maintains the right to terminate accounts without prior notification.

We reserve the right to remove any account with 15 days prior notice.

Hosting is provided for clients of IWS who maintain a Web services agreement. If the client at anytime stops using IWS to perform Webmaster duties, then the client is no longer eligible to use IWS hosting services and the account may be terminated at IWS discretion without notice.



Dispute Resolution



Any dispute between Impact Web Solutions and a subscriber shall be determined by arbitration conducted by the American Arbitration Association pursuant to its commercial arbitration rules. The arbitrator shall decide any dispute in accordance with Arizona law, without the application of choice of law principles. Each party shall bear its own expenses and legal fees for the arbitration. The arbitration shall be conducted in Gilbert, AZ, unless both parties agree in writing to a different location. The arbitration award is enforceable as a judgment of any court having proper jurisdiction.