Acceptable Use Policy ("AUP")

Internet Prodigies Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what Internet Prodigies expects of them while using the service. All users of Internet Prodigies Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).

Use of Internet Prodigies Service constitutes acceptance and agreement to Internet Prodigies AUP as well as Internet Prodigies TOS (Terms of Service)

IMPORTANT NOTICE: *All Payments to Internet Prodigies are Nonrefundable*

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Internet Prodigies may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your Internet Prodigies account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.

This document is intended to provide a basic understand of Internet Prodigies Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Internet Prodigies AUP:

Ensure reliable service to our customers
Ensure security and privacy of our systems and network, as well as the networks and systems of others

Comply with existing laws

Maintain our reputation as a responsible service provider

Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services

Preserve the value of Internet resources as a conduit for free expression and exchange of information

Preserve the privacy and security of individual users

Internet Prodigies intends to provide its customers access to everything the Internet has to offer. While Internet Prodigies is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both Internet Prodigies and the Internet and cannot be permitted under the guise of free speech. The resources of Internet Prodigies and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

You may not use your dedicated server or virtual site to publish material, which Internet Prodigies determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

If an Internet Prodigies account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at admin@iprodigies.com

VIOLATIONS OF Internet Prodigies ACCEPTABLE USE POLICY
The following constitute violations of this AUP:

Illegal use: Internet Prodigies services may not be used for illegal purposes, or in support of illegal activities. Internet Prodigies reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

Harm to minors: Use of the Internet Prodigies service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.

Threats: Use of Internet Prodigies service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

Harassment: Use of Internet Prodigies service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

Fraudulent activity: Use of Internet Prodigies service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."

Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous re-mailers or nicknames does not constitute impersonation.

Unsolicited commercial e-mail / unsolicited bulk e-mail (SPAM) Use of the Internet Prodigies service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited including Opt-in List. Violations of this type will result in the immediate termination of the offending Internet Prodigies account.

E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Internet Prodigies account.

E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Internet Prodigies service is in violation of this AUP.

Unauthorized access: Use of the Internet Prodigies service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Internet Prodigies or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Internet Prodigies account is subject to immediate termination.

Copyright or trademark infringement: Use of the Internet Prodigies service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

Collection of personal data: Use of the Internet Prodigies service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

Network disruptions and unfriendly activity: Use of the Internet Prodigies service for any activity which affects the ability of other people or systems to use Internet Prodigies Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. Internet Prodigies will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.

Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Internet Prodigies services could result in suspension service.

Third Party Accountability: Internet Prodigies subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.

Security:

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

Your password provides access to your account. It is your responsibility to keep your password secure.

Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.

Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
Users who violate systems or network security may incur criminal or civil liability. Internet Prodigies will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Network Performance

Internet Prodigies accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

You are not allowed to run ANY IRC servers or abusive services using shell on the Internet Prodigies network. This includes any IRC bots, scripts, servers, etc. Servers are defined as eggdrop servers, perlbots, VOIP applications, proxies, BitchX, psyBnc, root exploits, DDos scripts, shoutcast servers, etc. Running any of these will face in immediate suspension, and users will be subject to a fine no less than 500.00, and no more than 5000.00, pending further investigation. Also having any type of 'proxy' including nph-proxy 'Cgi-Proxy' or proxy scripts in your directory subjects you to a 500.00 fine. Internet Prodigies reserves the right to terminate an account for these activities also.

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of Internet Prodigies systems or networks. Internet Prodigies reserves the right to terminate or limit such activities.

REPORTING VIOLATIONS OF Internet Prodigies AUP

Internet Prodigies requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse@iprodigies.com

If available, please provide the following information:

The IP address used to commit the alleged violation

The date and time of the alleged violation, including the time zone or offset from GMT

Evidence of the alleged violation

E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. Internet Prodigies may take any one or more of the following actions in response to complaints:

Issue written or verbal warnings

Suspend the Member's forum posting privileges

Suspend the Member's account

Terminate the Member's account

Bill the Member for administrative costs
and/or re-activation charges

Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations

REVISIONS TO THIS ACCEPTABLE USE POLICY

Internet Prodigies reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner without notice of any revision.

TOS (Terms of Service)

Internet Prodigies, Inc. ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of Internet Prodigies Service constitutes acceptance and agreement to Internet Prodigies AUP as well as Internet Prodigies TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of Internet Prodigies, Inc. and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that 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 state of Arizona , county of US applicable to contracts enforceable in that state. Venue will be Phoenix , Arizona .

Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, 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 agent who makes a written request without further consent or notification to the Subscriber. In addition Internet Prodigies shall have the right to terminate all service set forth in this Agreement.

Adult hosting is allowed, no warez no child pornography will be tolerated!! Anything that is legal can be hosted.

Payments and Fees: Service will be interrupted on accounts that reach 5 days past due. Service interrupted for nonpayment is subject to a $10 reconnect charge (individual hosting accounts). Dedicated servers that are suspended are subject to a $100 reconnection fee. Accounts not paid by due date are subject to a $15.00 late fee after 3 days and $5 after each day after Accounts that are not collectable by Internet Prodigies may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 not more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

Account Cancellation: All requests for canceling accounts must be made in writing with at least 30 days notice but not more than 60 days prior written notice and e-mail sent to billing@iprodigies.com . You must have all account information to cancel. There are no refunds available for dedicated servers due to the fact we have setup, configured and built the server. We ask for a 30 day notice prior to canceling server to ensure someone else can use it. Failure to do so will be subject to a fee, final decision made by management.

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, 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. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

New Domain Accounts: All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 1 business day. Due to unforeseen complications, however, this process may sometimes require up to 2 business days.

Transfer of Domains: If you select transfer domain it DOES NOT mean you will switch from your current registrar to ours. It means you will be using a domain you have registered elsewhere and will transfer the hosting services. You will keep the domain where you registered it unless you give us permission to move the domain registration to us. In that case please send an email to sales@iprodigies.com

Support Boundaries: Internet Prodigies, provides 24 x 7 e-mails, online technical ticketed support to our subscribers. We limit our technical support to our area of expertise. The following is our guidelines when providing support: Internet Prodigies provides support related to your server or virtual site physical functioning. Internet Prodigies does not offer tech support for application specific issues such as CGI programming, html or any other such issue. We do offer premium support for issues unrelated to this (TOS). Please contact sales@iprodigies.com for pricing information.

SPAM and Unsolicited Commercial E-mail (UCE): Internet Prodigies takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply this means that customers of Internet Prodigies may not use or permit others to use our network to transact in UCE. Customers of Internet Prodigies may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Violation of Internet Prodigies SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Internet Prodigies will initiate an immediate investigation (within 48 hours of notification). During the investigation, Internet Prodigies may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Internet Prodigies may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Internet Prodigies reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Internet Prodigies will notify law enforcement officials if the violation is believed to be a criminal offense.

First violations of this policy will result in an "Administrative Fee" of $100 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 to exceed $100 per hour that Internet Prodigies personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account this includes so called Opt-In List.

As our Customers are ultimately responsible for the actions of their clients over the Internet Prodigies network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

Network

IP Address Ownership: If Internet Prodigies assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Internet Prodigies, and Customer shall have no right to use that Internet Protocol address except as permitted by Internet Prodigies in its sole discretion in connection with the Services, during the term of this Agreement. Internet Prodigies shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Internet Prodigies and Internet Prodigies 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 authorization to use those IP addresses that could be used with name-based hosting.

Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer. Internet Prodigies will monitor Customer's bandwidth and disk usage. Internet Prodigies 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, which actions may be taken is in Internet Prodigies sole and absolute discretion. If Internet Prodigies takes any corrective action under this section, 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, Internet Prodigies may, at its sole discretion, collect a deposit, in an amount determined by Internet Prodigies, against customer's credit card on file with Internet Prodigies.

System and Network Security: Users are prohibited from violating or attempting to violate the security of the Internet Prodigies Network/Servers. Violations of system or network security may result in civil or criminal liability. Internet Prodigies will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

Forging any TCP/IP packet header or any part of the header information in any e-mail or forum posting.

Taking any action in order to obtain services to which such User is not entitled.
Attempting to couple many hosting packages together to take advantage of massive space or bandwidth allocations. Each hosting package purchased is unique to a domain name and use - please do not purchase multiple "plan 1's" for instance to get the combined bandwidth & space. Internet Prodigies will stop such transactions and label them as deceptive. We have an upgrade path for all services and we can often time work out special deals for users if they ask us for the assistance.

Suspension of Service or Cancellation: Internet Prodigies reserves the right to suspend network/server access to any customer if in the judgment of the Internet Prodigies network administrators the customer's server/account is the source or target of the violation of any of the other terms of the AUP or for any other reason which Internet Prodigies chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. We offer a 30 day money back guarantee providing we failed to provide you with the service as outlined for each individual hosting plan. However setup fee's are non refundable under any circumstances. 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.

Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. 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. No chat rooms are to be used on our servers.

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.

Internet Prodigies takes no responsibility for any material input by others and not posted to the Internet Prodigies Network by Internet Prodigies. Internet Prodigies is not responsible for the content of any other websites linked to the Internet Prodigies Network; links are provided as Internet navigation tools only. Internet Prodigies 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.

Internet Prodigies is not responsible for any damages your business may suffer. Internet Prodigies does not make implied or written warranties for any of our services. Internet Prodigies 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 Internet Prodigies.