Terms | Legal

Users and Client/Customers of IBOD services, hardware and support are required to agree and conform to the following service contract and acceptable use policies. Violations of these Policies and Service Contract may result in loss of service or other disciplinary action. Please direct any and all questions through our contact page. In addition to our service contract you will find IBOD LLC’s policies on: Abuse & Spam, Adult Content, Copyright Disputes, Trademark Infringement, Interactive Chat & Video, Misuse of Account Features, Account Resources, Security & Cracking and our Privay Policy. Read all information carefully and completely as you the client will need to abide to IBOD LLC’s terms and conditions. We reserve the right to modify these terms of service and policies at anytime without notice.

IBOD is a registered trademark in the United States.

Web Hosting Service Contract

Service Contract/Terms of Service – This contract governs the agreement between IBOD LLC and it’s customers.
IBOD is a Content Delivery Service (Web Presence Provider). User accounts on our Internet servers are subject to compliance with the terms and conditions set forth below. Under the terms of this agreement, your placement of information on IBOD Networks’s servers is an acknowledgement that you have read and understood this agreement, and that you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, you should not proceed to place any information of any kind on IBOD servers.

» User Conduct
IBOD services may only be used for lawful purposes. Any use of these services which violates any local, state, federal, or international laws which may apply to IBOD, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited. We will not edit, censor, modify or otherwise control or contribute to your content. However, We reserve the right to discontinue service to anyone at our complete discretion and without prior notice. Without limiting IBOD’s right to discontinue service to anyone at our sole discretion, while using the service, you may not:

• Restrict or inhibit any other user from using and enjoying the Internet;
• Post or transmit any unlawful content;
• Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component;
• Post, publish, transmit, reproduce, distribute or in any way exploit any information, software, or other material obtained through the service for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material);
» Indemnification
You agree to indemnify, defend, and hold harmless IBOD, IBOD LLC and it’s owners from any and all liability, penalties, losses, damages, costs, expenses, attorneys’ fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, IBOD, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and web site content.

» Refusal or Discontinuance of Service
IBOD reserves the right to refuse or discontinue service to anyone at IBOD’s sole discretion. IBOD may deny you access to all or part of the service without notice if you engage in any conduct or activities that IBOD in its sole discretion believes violates any of the terms and conditions in this agreement. IBOD shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that IBOD has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers and clients. IBOD reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.

» No Warranties
IBOD makes no warranties or representations of any kind for the services being offered. The service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by IBOD or its agents or employees shall create a warranty. IBOD provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall IBOD be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties’ use of the service to access your web space, or to access the Internet or any part thereof, or your or any third parties’ reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with IBOD service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.

You understand that by placing information on IBOD servers that such information becomes available to all Internet users and that IBOD has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of IBOD servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through IBOD or on the Internet generally.

– Website files and management –
IBOD will not upload, manage or maintain any client files or data. The server functions will be maintained for client use and access. All IBOD web hosting accounts are created solely for DIY users.

» Refunds and Disputes
All payments to IBOD are nonrefundable. This includes one time setup fees, prepayment fees, and subsequent charges regardless of usage. Client shall not be entitled to any refunds, pro-rated or otherwise, in the event of early termination of this agreement by The Company according to the terms herein. All overcharges or billing disputes must be reported within 5 days of the time the dispute occurred. If you dispute a charge to your credit card issuer or payment provider (chargeback) that, in IBOD’s sole discretion is a valid charge under the provisions of this contract, you agree to pay IBOD an “Administrative Fee” of not less than $100 and not more than $500.

» Account Cancellation
Client must submit service cancellations by opening a ticket through our client portal at least 7 days but not more than 30 days before the end of the service’s billing cycle. Cancellation requests are not accepted through phone, email, fax, or any other method besides through opening a ticket through our client portal. You must have all account information to cancel an account. Only the authorized account holder may cancel the account. In the event of cancellation, customer will automatically be billed for any excess bandwidth usage during the then-current monthly billing cycle.

» Delinquent Accounts
Clients who let their account lapse into default are considered terminated on our servers. Reinstating your account from delinquency is not possible, past clients with delinquent accounts will need to purchase a new replacement webhosting account and re-upload their files. Grandfathered pricing will NOT forward to delinquent accounts, all new accounts will be charged the posted rates on IBOD.com. In the event of cancellation, customer will automatically be billed for any excess bandwidth usage during the then-current monthly billing cycle.

» Identification Information
You agree that you as the person legally responsible for use of this account, are at least 18 years of age. You agree to supply IBOD with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent credit card use.

» Interference with System Operations
You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to follow the Acceptable Use Policy of any network or service you connect to.

You agree to adhere to system policies as published online by IBOD, including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service at IBOD. You agree to abide by any and all future IBOD policy decisions.

» Security
You agree that the security of your account is solely your own responsibility. You further agree that if you believe the security of your account has been compromised in any way, you will notify IBOD immediately via email and in writing by registered mail, with return receipt, to: P.O. Box 8082, Longboat Key, Florida, 34228. You shall be held fully responsible for any misuse or compromise to your account for which IBOD is not properly notified. You agree not to provide or share access to your account to any third party, and that you are responsible for any use of your account by any party to whom such access has been provided. You agree that certain features of your account which may be used to provide shared access to your account are not to be used to resell services to third parties, and that you are responsible for the actions of any party which utilizes those features. You agree that if any security violations are believed to have occurred in association with your account, IBOD has the right to suspend access to the account pending an investigation and resolution. You also agree that IBOD has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you. Any use of our system to engage in software piracy or other violations of law will result in account suspension and will be immediately reported to the appropriate authorities.

» Bandwidth
Client agrees that bandwidth usage shall not exceed the number of gigabytes per month for the services ordered by Client. IBOD will monitor Client’s bandwidth usage and will provide RTG graphs of bandwidth usage for Client to review in the IBOD client portal. IBOD shall have the right to take corrective action if Client’s bandwidth usage exceeds the amount allocated by Client’s service plan (“Allocation”). 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 IBOD’s sole and absolute discretion. IBOD believes in communicating with our clients and will try to work with our clients to resolve any overage issues before taking action which could cause a client’s service to become unavailable.

Bandwidth usage is measured on a monthly basis coinciding with Client’s billing cycle. Both incoming and outgoing traffic are counted.

In the event that a customer exceeds the included allocation, IBOD may, at its sole discretion, collect a deposit in the amount of $0.75 per GB for the projected overage for the month, immediately against customer’s credit card on file with IBOD.

Client agrees to pay IBOD any additional fees for bandwidth overages within 3 days of the invoicing period at a rate of $0.75 per GB of bandwidth used over the Allocation. Any bandwidth overage bill not paid within three (3) days of invoicing will subject the server and services to suspension.

Unused bandwidth allocations cannot be carried over to future months, or applied to other servers.

» Data Backup
Your use of the service is at your sole risk. IBOD is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on IBOD servers.

IBOD performs nightly backups of all accounts as a courtesy service only. IBOD is not responsible for the completeness, integrity, or freshness of your backup. IBOD recommends you have your own backup system in place. Backups are intended for disaster recovery purposes only. IBOD reserves the right to charge fees for restores which are requested that are not for disaster recovery purposes.

» Excessive Upgrade and Downgrades
IBOD does not normally charge any fees for account upgrades and downgrades. However, because upgrading and downgrading between virtualized accounts (on multiple servers) and full dedicated server accounts, is a labor-intensive and time consuming process, as is changing the primary disk in dedicated servers, IBOD reserves the right to charge for upgrades and downgrades at the hourly rate of $175 per hour if Client has made an excessive number of upgrade or downgrade requests. IBOD, at it’s sole discretion, will have the final say as to what is considered ‘excessive’.

» Transmittal of Materials
You agree not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail, Usenet postings, or other internet media. The use of IBOD or any other service with reference to services obtained through IBOD, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as “spamming” is strictly prohibited and may cause your services to be terminated immediately and without warning and you will be held fully responsible for any damages to you, IBOD, or any other party or parties resulting from any such conduct.

» Payment
You agree to supply appropriate payment for the services received from IBOD, in advance of the time period during which such services are provided. You agree that all fees are non-refundable once setup is completed. You agree that until and unless you notify IBOD of your desire to cancel any or all services received, those services will be billed on a recurring basis. You agree that if you are paying by credit card, prepayments will be billed and charged automatically, and that IBOD may apply the amount due to the provided card at any time.

The Company reserves the right to deny Client the use of any payment method for, but not limited to, abuse or misuse of a payment method. Abuse of a payment method may also be grounds for further disciplinary action up to and including the immediate and permanent cancellation of the Client’s services or their entire account with The Company. If a check or ACH draft is returned for any reason, the account will be assessed a $50 service charge per item. If payment for the returned check amount and service fee is not remitted in full by 2 P.M. ET the following business day, the server will be deactivated until payment is received and will be subject to regular reconnect fees. Credit cards that are declined for any reason are subject to a $20.00 declination fee.

Service will be interrupted on accounts that reach their due date without payment. Service interrupted for nonpayment is subject to a $75 reconnect charge. Accounts not paid by due date are subject to a $50 late fee. Accounts that are not collectible by IBOD 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 $200 nor more than $500. If you desire to cancel your account, please follow the proper procedure as outlined.

If a service is deactivated due to non-payment the service in question will only be reactivated once payment for the outstanding balance has been received in full. If all services on an active account are deactivated all outstanding invoices must be paid in full before any one service will be reactivated. The Company reserves the right to keep a service deactivated until funds paid have cleared.

» Non-Waiver
Client agrees that IBOD’s failure at any time to enforce any of the provisions of this Contract or any right or remedy available hereunder, or at law or equity, or to exercise any option herein provided, shall in no way be construed to be a waiver of such provisions, rights, remedies, or options or in any way to affect the validity of this Contract. The exercise by IBOD of any rights, remedies, or options provided hereunder, or at law or equity, shall not preclude or prejudice IBOD from exercising thereafter the same or other rights, remedies, or options.

» Force Majeure
You agree that IBOD is not responsible for any damages, delays, or other failures to fulfill its obligations hereunder as a result of war, fire, strike, riot or insurrection, natural disaster, delay of carriers, governmental order or regulation, complete or partial shutdown of plant, unavailability of materials or equipment from suppliers, failures or blackouts, labor disputes, and/or other occurrences beyond its control whether or not similar to those listed above.

» Harassment and Abuse
IBOD does not tolerate abuse of any kind towards it’s employees or clients. This includes all verbal harassment, yelling, swearing, rudeness, threats, and any intentionally disruptive behavior directed at IBOD or any of it’s staff or agents. Client agrees to engage IBOD in a professional manner whether in email, helpdesk tickets, live chat, forums, or on the telephone. Any abuse will be construed as a violation of this Contract. No refunds will be provided for any service termination which arises as a result of a violation of this clause.

» Prior Agreements
This agreement supersedes any written, electronic, or oral communication you may have had with IBOD or any agent or representative thereof, and constitutes the complete and total agreement between the parties.

» Serverability
If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable. » Applicable Law, Jurisdiction and Service This agreement shall be governed by the applicable laws of the State of Florida, USA (“Florida”) and the United States of America. Customer agrees that all services provided by IBOD shall be deemed to have been requested and provided in Sarasota County, Florida. Customer further agrees that the Court of Common Pleas of Sarasota County, Florida, shall have personal jurisdiction over Customer and exclusive subject matter jurisdiction and all controversies or claims arising from or relating to this agreement or the services provided by IBOD. Customer agrees to accept service of process related to this agreement by ordinary mail, postage prepaid, to the most recent address provided by Customer.

» Acknowledgement
By placing and continuing to maintain or place data on IBOD servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.

Updated October 4, 2014

Abuse & Spam

Our position with regard to unsolicited email, bullying and cyber terrorism
The transmission of unsolicited or prohibited advertising or other content through electronic mail or inappropriate Usenet postings is forbidden. The use of IBOD and it’s networks for unsolicited mass mailings or postings (commonly known as “Spam”) by any customer will cause that customer’s services to be terminated immediately and without warning, and the customer will be held legally responsible for the damages to IBOD LLC, both monetary and in reputation. The use of any other service to make such a mailing or posting, with any reference to IBOD services (including but not limited to mailboxes, autoresponders, and Web pages), shall also be grounds for account termination and/or other actions as described above. Any instance of bullying or cyber terror will be investigated by IBOD LLC and reported to the FBI along with other focused law inforcement agencies within the country of origin. This is a serious crime and will be reported.

Adult Content

Learn what content is best suited for mature hosting solutions
Adult-oriented sites, designed for entertainment or for commercial purposes, are not allowed on core IBOD servers. Forbidden sites include those that provide access to pornographic materials (images, multimedia, text or social networks), whether for free or fee, regardless of whether adult verification is used or not. If you have or are planning on serving adult content please inform us so we can place your files appropriately within our network. What some people consider adult in nature may not be considered pornographic to others – fine arts, educational, medical and biopharma are a few examples of websites that may show images of the nude human form but are not considered pornographic in nature.

IBOD reserves the right to make exceptions for special partnerships using only dedicated servers residing in countries where allowed. Exceptions are made for artistic, educational and medical related sites, websites providing only links to adult related websites, and text materials of an adult nature, although we reserve the right to make further restrictions at our own discretion.

IBOD LLC and the IBOD Network will not be held liable for any content residing on it’s network or it’s effect on the public regardless of it’s social rating in our current society.

Copyright Disputes

Our policy for copyright disputes involving our customers virtual assets
IBOD LLC is an international Website Hosting and Content Delivery service. However, with the exception of our own business and administrative websites IBOD does not provide or edit content of those who use our hosting or delivery services.

From time to time, and without any participation from IBOD LLC, a customer’s site may include content which another person believes to be their intellectual property. If you believe that one of IBOD LLC’s customers has published on their website text, data, music, or an image to which you believe you have a copyright we offer the following options to you.

• Try to work it out. Contact the site owner and explain your concern and request that they voluntarily remove your intellectual property from their site or negotiate a royalty or payment for its continued use. Communicate, it really can be resolved quickly this way.

• If negotiations fail, you can retain legal counsel initiate a legal claim in court to resolve the dispute.

• If you believe very strongly that your intellectual property rights are being violated by IBOD LLC’s customer, and you want IBOD to take action on your behalf, you must carefully follow the procedures established under the Digital Millennium Copyright Act (hereafter referred to as the “DMCA”), which is a statute passed by the United States Congress and which can be found at Title 17 of the United States Code.

IBOD LLC did not write the law, and we understand the mechanism it provides for such situations is awkward and the time frame may seem arbitrary. However, if you want IBOD LLC to take action you must follow the procedures fully and completely. Similarly, the customer whose use of the disputed material is being challenged must also carefully follow these procedures. Both the complaining party and IBOD LLC’s customer are advised to read all four steps as detailed below.

Step One: The complaining person sends to DMCA@ibod.com a “Notification of Alleged Copyright Infringement” which contains all of the following information:

(a) Complete e-mail, telephone, fax, actual address (if different from the mailing address), and ordinary mail contact information so we can reach you, or if you prefer your legal representative, to respond to the Notification.

(b) Clear identification of the material in question by description and location on the website. If there are multiple pages then let us know that so we can see for ourselves what the dispute involves. Links to the offending pages or screen captures can also be helpful. But you need to be as specific as you can.

(c) A brief explanation of the basis for your ownership claim. For example, “I wrote that,” or “I took that photograph.”

(d) The following statements:

“I declare that I have a good faith belief that the use of the disputed content is not authorized by the copyright owner or their authorized agent. I further attest under penalty of perjury that the information I have provided in this Notification is accurate and that I am the copyright owner or have been expressly authorized by the copyright owner to act on their behalf.”

(e) An actual or electronic signature for the complaining party or their authorized agent.

If you prefer to send the Notification in paper form then it should be mailed or delivered to:

IBOD LLC – DMCA Notification
584 Hornblower Lane
Longboat Key, Florida USA 34228
WARNING – Should your Notification contain false information there may be severe criminal and civil penalties brought upon you. This is a serious legal process.

Step Two: Once we receive a Notification, and assuming it contains all of the information required, IBOD LLC will immediately notify its customer and forward a copy of the Notification to them with a request that the specific disputed content be immediately deleted from the website(s). This allows the customer to continue operating the website while discontinuing use of the disputed content. If the customer fails to voluntarily edit their Web site then, following the procedures of the DMCA, IBOD LLC, will take action (which may at IBOD LLC’s discretion include disabling the customer’s entire website) pending receipt of a Counter-Notification (as explained below), court order, or notice from the parties that they have resolved their differences.

Step Three: If you, as the customer, challenge the claims of the complaining party then the customer may send to IBOD LLC a “Counter-Notification” seeking to have their web site reactivated or any deleted or blocked content restored. Such a Counter-Notification must contain all of the following information:

(a) Full identification of the customer with e-mail, telephone, fax, physical address for service of legal papers (if different from your mailing address) and ordinary mail contact information. If you prefer, your legal representative can provide their contact information.

(b) A clear identification of the material or web site which has been disabled, blocked, or removed.

(c) A brief explaination of the basis for your ownership claim. For example, “I wrote that,” or “I took that photograph.”

(d) The following statement:

“I hereby consent to the jurisdiction of the United States Federal Court where I am located, or if I am located outside of the United States then in the United States District Court for the Western District of Pennsylvania (where pair Networks, Inc. is located), I also agree to accept service of process from the party which filed the Notification of Alleged Copyright Infringement, or their authorized agent, through the address provided with this Counter-Notification. I further attest under penalty of perjury that I have a good faith belief that the disputed web site or content was disabled, blocked or deleted as the result of a mistake or misidentification of the material in question.”

(e) The Customer’s (or their authorized agent’s) physical or electronic signature.

This Counter-Notification is best sent as an e-mail reply to the notice provided by IBOD to the customer who included the original Notice of Alleged Copyright Infringement. However it can also be sent in writing to:

IBOD LLC – DMCA Notification
584 Hornblower Lane
Longboat Key, Florida 34228
WARNING – Should a Counter-Notification contain false information there may be severe criminal and civil penalties brought upon you. This is a serious legal process.

Step Four: Upon receipt of the proper Counter-Notification IBOD LLC will forward the Counter-Notification to the complaining party and IBOD LLC will reactivate the website, unblock, or restore any blocked content, no sooner than twenty (20) business days and no later than twenty five (25) business days after the date IBOD LLC receives the complete Counter-Notification – unless IBOD LLC is notified that the complaining party has actually filed a claim seeking to block the customer’s use of the disputed material in the United States District Court where the customer is located, or in the United States District Court for the County of Sarasota Florida (if the customer is not located in the United States). Should IBOD LLC receive actual notice of the filing of court action before reactivating the website or otherwise restoring or unblocking the disputed content, then IBOD LLC will take no further action until it receives a court order or the joint notice of the customer and complaining party that they have amicably resolved their differences and joint instructions regarding the website and material at issue.

Questions: Please direct any questions regarding this procedure to: DMCA@ibod.com

Trademark Infringement

Policy and process for known or suspected trademark infringement
Trademarks are a legal construct that protects the right of an organization or person to use a distinctive sign, name, etc. to identify its products and services to customers. The idea behind this is to prevent confusion within the marketplace between one product and another or dilution of that particular trademark. Trademarks usually govern the use of names of products or services, but are also sometimes associated with phrases, logos, symbols, etc.

All customers of IBOD LLC and the IBOD Network must ensure that they are not infringing upon anyone’s trademark.

We do not allow our customers to engage in trademark infringement. That does not mean that you can’t use trademarked terms at all, but rather that you cannot use them in a manner that could reasonably confuse the marketplace. Nominative use of trademarked terms – such as for criticism or analysis – is generally protected under the First Amendment of the US Constitution.

Trademark law is rather complicated – moreso than copyright law – and IBOD is not at liberty to give prior approval to or otherwise pre-judge whether or not your own intended purpose would be considered legal under the law. We handle each complaint on a case-by-case basis in cooperation with our own legal counsel and do reserve the right to disable any site/account if we have reason to believe that infringement is indeed occurring. Clear cases of willful infringement – such as that associated with fraudulent phishing sites – will result in immediate disablement.

As such, if you plan to use a trademark in a manner that you believe may not be approved of by the trademark holder, we highly recommend that you seek the guidance of qualified intellectual property counsel before proceeding.

If you believe that your trademark is being infringed upon by an IBOD customer, you may contact us and let us know. We have often seen trademark complaints used as a cudgel to silence valid and legally protected criticism, however, so we do ask that you please read the following before submitting your complaint.

Many trademark complaints are clearly intended to silence a critic who is engaging in Constitutionally-protected free speech. In absence of a cogent explanation as to how the use of a trademark in such cases violates trademark law (referencing any supporting case law), it is very unlikely that we would act to remove such a site from our service.

One common example: “companysucks.com” type sites, created with the intent to speak out against perceived shoddy products or services from a given company. Typically, the use of trademarks in such domain names is protected under fair use (cite: Taubman Co. v Webfeats, Sixth Circuit Court of Appeals).

IBOD LLC is a Media Hosting (webhosting) company. If the infringement you have identified is in the form of a domain registered by a certain registrar, you will need to file a formal UDRP (Uniform Domain-Name Dispute-Resolution Policy) complaint with ICANN.

If you believe that trademark infringement is occurring in conjunction with a website hosted on th IBOD Network, we ask that you contact us and let us know. We do ask that you provide us with any applicable trademark registration numbers, as well as a reasonable explanation of where the infringing usage can be found and why you believe it constitutes trademark infringement (and does not fall under trademark fair use doctrine). Except in the most egregious of cases – such as fraudulent phishing sites.

You may send your complaint (not as attachment) to the following email address: abuse@ibod.com

Interactive Chat & Video

Restricted applications explained
Not all scripts are created equal. If a client uses a resource intensive Interactive Chat or Video script they will be warned to disable or be prepared to pay all overages for any and all bandwidth, extra tech support or cost to have their site moved. These interative scripts should only be used through our systems specifically designed for it. If you wish to add an “interative” script to your hosted property, send support an email so we can assess the software in question and what your plans are so we can configure the server or move you to a system that can handle the loads. We are not banning the process, just bad code that bogs down servers and use valuable support time and energy.

Misuse & Sharing of Account Features

Your account and it’s features are yours alone
Operating any service which makes an account feature available to third parties for any use other than normal access to that account’s website is forbidden. Operating any service which enables or assists anonymous or abusive behavior by third parties is forbidden. Operating any service which affects the stability or reliability of any IBOD server or network component, impacts other users or the company negatively, or degrades quality of service is forbidden.

This includes but is not limited to third party access to cPanel applications, CGI services, database hosting, counters, banner exchanges, autoresponders, mailboxes, mail forwarding, mail filtering, and content publishing systems. All account features are to be used solely in order to develop and implement the Web site(s) associated with that account. Resellers may make reasonable use of account features shared between multiple accounts they are being billed for. If found in violation of this rule your account will be terminated without repeal.

Account Resources

Excessive resource usage and it’s effect on performance and stability
Users may not abuse the allotted account resources at any time, if a client needs to upgrade their account on an instant or monthly basis contact our sales department for an upgrade. We encourage clients to communicate their needs as they can change technically or with a websites popularity. If we find that you are performing operations that compromise any IBOD server, shared or dedicated and it’s performance regardless of it’s lagality, we may choose to deactivate your account.

CGI scripts and programs are subject to resource limitations as set forth by our server techs per account and these limits may be enforced automatically by the system. CGI scripts are to be run only by users with the appropriate account types – Core or higher for use of the System CGI, and Advanced or higher account levels for custom CGI scripting. No user may run CGI scripts for the benefit of external sites or services. System resource limits are intended to prevent runaway CGI scripts. CGI processes with large memory footprints or hungry CPU requirements will incur swapping and other system slowdowns that reduce server performance and the account will be deactivated.

MySQL database access is provided to owners of the following webhosting account types: Core, Webmaster, Econo, Designer, and Producer, dedicated servers are always MySQL enabled with individual limits set per account and are upgradeable when needed. MySQL abuse of any kind will not be tolerated and the account will be deactivated.

Cron Usage, the use of “cron jobs” which are processes that are run automatically at certain times, in accordance with a “crontab” file set up by each user, are allowed on IBOD accounts and servers subject to individual account limitations. Cron abuse will not be tolerated at the sole discretion of IBOD and the account deactivated.

Server Side Processes, the installation or operation of any stand-alone, unattended server side processes or daemons on IBOD servers, with the exception of cron jobs subject to their own policy, is forbidden except by special arrangement. This specifically includes IRC bots or clients as well as any network redirector programs. Use of such a process to accept network connections, for any purpose whatsoever, is expressly forbidden. Violation of this policy will result in immediate account termination without warning.

These limits are subject to change and variation as necessary, at the sole discretion of IBOD. Learn the details of these limits by sending an email to our sales department.

Security & Cracking

These abuses are taken seriously and are considered a crime
Use of IBOD servers or services to engage in any type of fraud, “cracking”, malicious behavior, or harassment is expressly forbidden. Interference with the proper operation of systems reachable via the Internet or by mobile access is forbidden. Compliance with the acceptable use policies of any network or system with which you connect through our service is required. Trafficking in pirated software, audio, video or text is forbidden. Port scanning or the use of similar tools is forbidden.

Use of IBOD servers and services to publish or otherwise disseminate information about the availability of pirated software or other material that is being made available illegally, including the publication of a list of links to such material, regardless of disclaimers, is specifically forbidden. We do not condone, encourage or host any illegal material on our network.

If inappropriate activity is detected, all accounts of the user in question will be deactivated until the investigation is complete. Prior notification to the user is not assured. We reserve the right to contact law enforcement regarding the activity.

This policy simply requires that you use your accounts responsibly. Breaking into accounts or systems, forging messages, swapping games, music or videos with your friends – all of this is illegal and inappropriate.

Because of the potential legal and technical risks these activities can present we deactivate first, and ask questions later. This is necessary to protect our service for all customers.

Privacy Policy

Our commitment to privacy
IBOD is committed to the preservation of your privacy. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. Additionally, IBOD adheres to the Safe Harbor Principles as agreed to and set forth by the United States Department of Commerce and the European Union (“EU”), http://export.gov/safeharbor/. To make this notice easy to find, we make it available on our website.

IBOD reserves the right to change this Privacy Policy at any time. Such changes, modifications, additions or deletions shall be effective immediately upon posting on-line at this location. You acknowledge and agree that it is your responsibility to review this site and this Policy periodically and to be aware of any modifications. You may identify whether IBOD has revised this Privacy Policy by noting the “Effective Date” at the footer. Your continued use of the site and IBOD services after such modifications will constitute your: (a) acknowledgment of the modified Policy; and (b) agreement to abide and be bound by the modified Policy. If you do not agree to these terms, please do not access or use this site or IBOD services.

Types of Information Collected

In order to better provide you with our numerous services, we collect two types of information about our users and clients: Personal Information and Non-Personal Information.

Personal Information

When you order services through IBOD, we request certain personally identifiable information from you on our order form to us to allow us to process your order, provide you with the services you order from us, and to provide ongoing technical support for your account. You must provide contact information (such as name, email, phone number, and mailing address) and financial information (such as credit card number, expiration date). By purchasing our services, you agree to provide and maintain accurate, complete and updated information. Your personal information will be kept only as long as we need it for the purposes for which we collected it, or as permitted by law.

After you have ordered our services, we may be in communication with you about your account. These communications are essential to our relationship with you and to our ability to provide you with quality services that are responsive to your needs. As a result, we may maintain information about our communications with you for future use.

IBOD shall only process Personal Information in a way that is compatible with and relevant for the purpose for which it was collected or authorized by the individual. To the extent necessary for those purposes, IBOD shall take reasonable steps to ensure that personal information is accurate, complete, current and reliable for its intended use.

Disclosure of Personal Information

We use the information you provide about yourself when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide service. In the event that this policy changes, we will provide you with an opportunity to opt out or otherwise prohibit the disclosure of your information to third parties for any purpose other than your ordering and ongoing use of our services. For sensitive information, affirmative or explicit (opt in) choice will be given if the information is to be disclosed to a third party or used for a purpose other than previously authorized.

We do not sell, trade, or rent your Personal Information to others. We do provide some of our services through contractual arrangements with affiliates, services providers, partners and other third parties. We and our service partners use your Personal Information to operate our sites and to deliver our services. For example, we must release your credit card information to the card-issuing bank to confirm payment for products and services purchased on this site or release your address information to the delivery service to deliver products that you ordered.

Occasionally, IBOD may be required by law enforcement or judicial authorities to provide Personal Information to the appropriate governmental authorities. We will disclose Personal Information upon receipt of a court order or subpoena or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use IBOD services for illegal activities. We reserve the right to report to law enforcement agencies any activities that IBOD in good faith believe to be unlawful.

IBOD may also use the Personal Information collected to contact customers regarding important changes to our site, new services and special offers we think you will find valuable. You will be given the opportunity to notify us of your desire not to receive these offers through our client portal or by sending an email request at info@ibod.com.

Non-Personal Information

IBOD collects tracking data when users visit our company website. Whenever you request a page through your browser, navigation data such as your IP address, browser and version, operating system, date and time and the site from which you came are stored in a log file. We use this data to analyze visitors’ use of our site in order to make improvements to our site.

Disclosure of Non-Personal Information

IBOD may share this anonymous traffic and demographic information in aggregate form with other business partners. We do not share any information with anyone that can identify an individual user or account.

Cookies

A cookie is a small text file that is stored on a users computer for record-keeping purposes. IBOD may use both session ID cookies and/or persistent cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browsers help file.

Links

This Web site contains links to other sites. Please be aware that IBOD is not responsible for the privacy practices of such other sites. We encourage our visitors to be aware when they leave our site and to read the privacy statements of each and every Web site that collect personally identifiable information. This privacy statement applies sole to information collected by IBOD.

Surveys, Marketing, & Contests

From time-to-time our site requests information from customers or site visitors via surveys or contests. Participation in these surveys or contests is completely voluntary. Information requested of participants may include contact information (such as name and shipping address) and demographic information (such as zip code and age). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site. We may also provide marketing materials and information about our services along with your invoice for services rendered.

Our Commitment To Data Security

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. The IBOD website uses industry-standard Secure Sockets Layer (SSL) encryption on all web pages where personal information is required and is stored on a secure environment within a private datacenter.

All of our customers’ information, not just the sensitive information mentioned above, is restricted to our secure offices. Only employees who need the information to perform a specific job (for example, a billing clerk or a customer service representative) are granted access to personally identifiable information. As a secure facility, our offices are restricted to employees and escorted authorized visitors only.

In the event a customer forgets their username or password, they must provide personal information to authenticate themselves and obtain the information. Additionally, customers can access their own personal data by authenticating themselves. They may access their accounts to change their credit card numbers, but cannot obtain the old credit card information when doing so.

Our Commitment to Safe Harbor

IBOD believes in protecting your privacy. When we collect personal information from you on our website, we comply with the U.S.-EU Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal data from the European Union. IBOD will regularly review our privacy promises, to ensure that we are in compliance U.S.-EU Safe Harbor Framework.

Safe Harbor Enforcement:

IBOD uses a self-assessment approach to assure compliance with this privacy policy and periodically verifies that the policy is accurate, comprehensive for the information intended to be covered, prominently displayed, completely implemented and accessible and in conformity with the Principles of Safe Harbor. Should you have any concerns please contact us with the information provided and we will investigate and attempt to resolve any complaints and disputes regarding use and disclosure of Personal Information in accordance with the Principles.

Our Commitment To Children’s Privacy:

Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.

Access To Your Personal Information:

You always have access to the information we have about you. To review and update your personal contact information, simply email billing@ibod.com to have the information changed.

Questions:

If you have any questions about this Privacy Policy, the practices of this site, or our compliance with the Safe Harbor principals, please contact us at:

IBOD
5020 Clark Road Suite 320
Sarasota, Florida 34233

Efective 01/01/2010
Modified 05/19/2022