Last Updated: November 9, 2018
The following terms and conditions (“Terms and Conditions” / “Terms” / “Terms of Service”) apply to the provision of IronAlly.com (“Iron Ally” / “IronAlly.com”) Hosting Services (“Service” / “Services”) and to Customers who order Iron Ally services (“Customer” / “Customers”).
2.2 The Customer shall not resell, sub-lease or give away any Iron Ally Services unless using an approved Reseller Account that specifically allows these activities. Iron Ally Resellers are responsible for all uses of their Services, whether by the Customer or any other third-party. The Customer agrees to indemnify, defend and hold harmless Iron Ally and any of Iron Ally’s providers from and against any claims, especially when the result of the Customer’s failure to comply with these Terms and Conditions.
2.3 The Customer agrees that any support or advice provided by Iron Ally is on an “AS IS” basis. Iron Ally support makes every reasonable effort to ensure that their recommendations and technical help will not result in the loss of any data, website downtime or any other errors. However, Iron Ally has no liability for any losses or damages that may result from the use of our complimentary support.
2.4 The Customer is responsible for all data stored by Iron Ally Services. Complimentary account backups are generated on a periodic basis for all accounts, but it is the responsibility of the Customer to maintain these backups and ensure that they are safely stored outside of Iron Ally’s network to safeguard the Customer’s data in the event of system or network failures, acts of god or even human error. Iron Ally has no liability for lost or corrupted Customer data.
2.5 The Customer is responsible for the security and content of all data stored in Iron Ally’s hosted environment. Customer retains all exclusive property rights over their account data. Customer is solely responsible for mitigating risks with transmitting data stored on the Iron Ally hosted environment and must encrypt all sensitive data at the application level according to applicable laws.
2.6 The Customer is responsible for securing all authentication procedures that can allow access to the Customer’s account and is not allowed to provide account access to any third party.
2.7 The Customer’s use of Iron Ally Services is limited to the conditions of the Acceptable Use Policy outlined in section 3 of these Terms and Conditions.
2.8 In the event of any breach of data, Iron Ally systems or any unauthorized account access, the Customer is required to notify Iron Ally immediately and cooperate with any related investigations performed by Iron Ally to resolve the reported breach.
3.2 The Customer is responsible for any usage of its Services, whether performed directly or by any other user or party accessing their Services. Therefore, the Customer agrees that the Services will not be used for any illegal activity or other activities not allowed. These illegal and unauthorized activities include but are not limited to:
b. Any activities that violate the Digital Millennium Copyright Act. The “DMCA” prohibits the unauthorized use or reproduction of content that you do not own without the explicit written permission of the copyright owner. If Iron Ally receives DMCA complaints against your hosted content, you will be required to remove it within 48 hours of being notified of the complaint. Repeated violations will result in the immediate termination of Services.
c. Any activity intended to harm, deceive or infiltrate others, other companies or other computer systems such as but not limited to trademark infringement and copyright infringement, sharing or pirating software illegally, harassing, spamming and especially illegal activities like hacking / phishing / identity theft / financial fraud / malware usage / spyware or virus distribution / networking attacks.
d. Any unauthorized access to or use of a system or network without the express authorization of the owner. This includes but is not limited to testing security vulnerabilities, attempting any kind of security breach or monitoring data or traffic.
e. Any gambling activities that can be consider a violation of any applicable laws.
f. Covert and deceitful activities such as but not limited to: (i) gathering or transmitting information about a user through means such as distributing software, scamming, phishing, spidering or harvesting; (ii) email sending or newsgroup posting with any kind of fake or misleading TCP-IP header information; (iii) the act of or intention to omit or cloak identity or contact information such as return and IP addresses; (iv) any malicious activity using public proxies, IRC or any application layer protocol.
g. Any activities that will overload Iron Ally server resources or interfere with the normal operation of the shared system including, without limitation, bitcoin mining, data scraping, large file hosting, and video streaming at large volumes or file sizes.
h. Intentionally introducing a virus or any other kind of malicious code into the Iron Ally servers, systems or network.
i. Any action that causes Iron Ally, Iron Ally’s IP space or the Customer to be listed on any abuse database or registry. This can include Spamhaus’ email blacklisting database, the Register of Known Spam Operations or any other recognized abuse authority.
j. Any content containing harassing speech, hate speech, violent acts, threatening violence or even encouraging violence.
k. Any kind of interference with Iron Ally Services for any users such as but not limited to DDoS attacks, mail bombing, flooding or other kinds of deliberate attempts to overload a system.
l. Any other action or activity that is illegal or even solicits illegal conduct under laws that are applicable to you, your company or Iron Ally.
3.4 In order to prevent the infection, corruption or loss of any system or customer data, the Customer agrees that Iron Ally reserves the right to quarantine or delete data on any shared system that is infected, corrupted or has the potential to cause any malicious activity.
5.2 Whenever possible, Iron Ally will give the Customer advance notice of a Service suspension and offer the opportunity to fix the violation. To receive this opportunity, the suspension must be the result of a violation of these Terms and Conditions and Iron Ally must decide that an immediate suspension is not reasonably necessary to protect Iron Ally, Iron Ally Customers or any Iron Ally systems.
5.3 Suspended Service accounts are subject to access denials and data removal to protect Iron Ally, Iron Ally Customers or any Iron Ally systems.
b. Remove any unacceptable content;
c. Terminate Customer Services and this Agreement for cause;
d. Exercise any other actions, rights or remedies as allowed by law.
6.3 Any event or circumstance related to these Terms and Conditions that could lead to any kind of claim or demand against Iron Ally or Iron Ally’s service providers must immediately be brought to the attention of Iron Ally by the Customer. Failure to notify Iron Ally of these circumstances can result in the immediate and permanent suspension of Services and the exercise of all rights or remedies as allowed by law.
6.4 If Iron Ally breaches these Terms and Conditions and is notified in writing by the Customer and fails to remedy the breach within thirty (30) days of the written notice describing the breach in detail, the Customer may terminate their Services for cause under these Terms and Conditions.
6.5 Iron Ally reserves the right to terminate Services if the Customer (i) makes payment arrangements that are not honored or result in payment disputes or chargebacks, (ii) fails to pay overdue Service fees within seven (7) days of their due date, (iii) provides inaccurate or false information to obtain Services, (iv) did not have the legal authority to begin Iron Ally Services, or (v) fails to comply with any other condition set forth in these Terms and Conditions.
6.6 All data stored on the Iron Ally hosted environment for Customer Services will be permanently deleted thirty (30) days after account termination as long as retaining the data for that time period does not pose any kind of risk for Iron Ally, Iron Ally Customers or any of Iron Ally’s systems. It is the Customer’s sole responsibility to recover any needed data from their account during this period. Iron Ally will not assist migrating any data to other providers. Once this data is removed from the Iron Ally hosted environment, it is not recoverable and Iron Ally holds no liability over any data loss or corruption from account terminations for any reason.
7.2 The Customer may give notice of cancellation by logging into their IronAlly.com client account and either (i) submit a support ticket request to cancel Services or (ii) submit an automated cancellation request through the client area. No other forms of cancellation are accepted and the automatic term renewals will continue to apply to the Customer’s account until this proper notice of cancellation is provided.
8.2 Iron Ally retains the right to increase Service fees with thirty (30) days advance written notice. If a fee increase is ever announced, it will go into effect for Customers upon their first term renewal after the date of the thirty day notice.
8.3 If Iron Ally must enlist a collection agency or other legal help to collect unpaid account balances, the Customer will be liable for payment of any reasonable collection costs, legal fees and court fees. Accounts with unpaid balances that are owned any kind of balance credit from Iron Ally will have that credit applied towards their unpaid balance and not refunded.
8.4 Refunds are not available for any domain name registration, transfer or renewal fees unless the transaction cannot be processed.
8.5 Refunds for hosting Services are only available within sixty (60) days of the date Customer paid to start their account. If the Customer is unsatisfied with Iron Ally Services during this initial time period and notifies us in writing to cancel their account according to paragraph 7.2, they may submit a refund request through the IronAlly.com support ticket system to receive a refund of fees paid for hosting Services. After this time period, any funds prepaid for unused Services are not eligible for refunds. If any domain name and/or software fees had to be paid to start the Customer account, these are also non-refundable.
8.6 If the Customer disputes any part of an invoice for fees due for Services, they must still pay the undisputed portion of the fees when they are due to avoid Service suspension and they must provide a detailed explanation in writing to IronAlly.com’s support ticket system before the due date of their fees. Any fees not disputed within sixty (60) days are considered accurate and cannot be disputed later.
9.2 Whenever possible, Iron Ally support is available at no additional charge. Only in severe cases and special situations will additional, at-cost support be provided as agreed upon by both parties.
9.3 Iron Ally has no obligation to provide security except as outlined in these Terms and Conditions. Whenever possible, Iron Ally will make reasonable attempts to help protect the security of Customer’s Services, but security of Customer accounts and data is ultimately the sole responsibility of the Customer.
9.4 Any support services provided by Iron Ally at the Customer’s request and without additional charge is provided on an “AS IS” basis. Iron Ally does not accept any liability from any actions, losses or damages that may result from these situations.
9.5 Some of these Terms and Conditions are designed to help you comply with various laws and regulatory requirements that may apply to you while using our Services. However, the Customer is ultimately responsible for understanding these laws and requirements and using Iron Ally Services in a manner that complies with them and these Terms.
9.6 If Iron Ally recommends or provides any third-party software, tools or other products, Iron Ally makes no representation or warranty regarding anything that is not purchased and made by Iron Ally. The provider of those third-party products will govern your use of them with their own terms of service conditions.
9.7 Iron Ally disclaims all warranties relating to satisfactory quality for a particular purpose and non-infringement. All Services provided by Iron Ally are on an “AS IS” basis.
9.8 Customer agrees that their usage of any Iron Ally Services will indemnify and hold Iron Ally and any of it’s suppliers, officers or employees harmless from any and all damages, liabilities, fines, penalties, losses or claims of any kind.
10.2 The Customer agrees not to use Iron Ally Services or Products in critical applications such as but not limited to life support functions, critical health, military or nuclear operations. Iron Ally and it’s providers are not liable for any claims or damages arising from such unintended uses.
10.3 The Customer agrees that they do not reside in or have citizenship in any country that is embargoed or restricted to do business with the United States. The Customer also warrants that they are not any person or other entity that is legally restricted from engaging in business with Iron Ally. Services may also not be used in any manner that could potentially violate applicable export laws, rules or any other regulations. The Customer also agrees that they will not allow access to or use of Iron Ally Services by any person or entity that restricted in any of these manners.
10.4 The Customer grants Iron Ally a non-transferable, non-exclusive license for promotional usage of Customer trademarks and logos.
11.2 Scheduled maintenance and downtime that is needed for non-emergency purposes will be announced a minimum of 48 hours in advance through the Iron Ally Announcements section in the Customer client area on IronAlly.com. For emergency purposes, maintenance or downtime may be required to be performed immediately without any advance notice or announcements.
11.3 The Customer agrees to periodic Service outages for a variety of reasons, some necessary and some out of the control of Iron Ally. Potential reasons for Service outages include but are not limited to (i) scheduled maintenance and downtime, (ii) service failures, malfunctions or congestion beyond Iron Ally’s control, and (iii) hostile attacks on Iron Ally’s system or network. Iron Ally is not responsible for any downtime, outages or inoperable Services caused by these conditions or any Customer violations of these Terms.
12.2 If Iron Ally is unable to meet this Service Level Agreement, hosting Customers will be eligible to request compensation for downtime as reported by our service monitoring logs. If the Customer submits their request for compensation within 5 business days of the incident, they will receive a credit for 500% of the amount of downtime. For example, if your account is unreachable for 1 hour beyond the 0.1% allowed each month, you will receive credit for 5 hours of service at your monthly account rate and this credit is not to exceed the Customer’s monthly rate. Customers in violation of any of these Terms and Conditions during a given month are not eligible for SLA credits.
12.3 To submit a request for an SLA remedy, you must login to your IronAlly.com account and submit your request in writing through a new support ticket within 5 business days of the incident.
THE CUSTOMER AGREES THAT IRON ALLY SHALL NOT BE LIABLE FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR.
THE ABOVE LIMITATION OF LIABILITY WILL APPLY WHETHER ANY CLAIM IS BASED ON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, INFRINGEMENT OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY, CONTRIBUTION, OR OTHERWISE.
16.2 Any work or services performed and/or provided by Iron Ally to or for the Customer is deemed “Work For Hire” and therefore Iron Ally retains sole property rights on any of this work or services. As long as the Customer is currently not in default of these Terms and Conditions, Iron Ally grants the Customer a non-exclusive, non-transferable license to use the product of these services. This license terminates when the relevant Service is terminated.
16.3 Any software provided by Iron Ally shall not be used after the termination of the Customer’s Services, and the Customer may not remove, alter or obscure any copyright, trademark or other property right notices that may appear on said software. Provided software may not be reverse engineered or disassembled unless it is specifically available under an open source license or as expressly permitted by law.