Service Level Agreement

1. Acceptable Usage Policy

This Acceptable Usage Policy describes proper conduct and prohibited uses of IWH LLC hosting services, cloud infrastructure, and related services. This policy is not exhaustive, and IWH LLC may modify it at any time effective upon posting the updated policy to www.iwh.net.

By registering for or using the services, you agree to abide by this Acceptable Usage Policy as modified from time to time. Any violation may result in suspension or termination of your account or any other action IWH LLC deems appropriate under the hosting agreement.

2. Your General Responsibilities

The services allow you to develop, host, display, send, receive, and exchange information over the Internet. IWH LLC generally does not actively monitor, censor, or directly control content displayed on your websites or information you collect or use through your websites.

IWH LLC provides the services with the goals of maintaining security, reliability, privacy, responsible use of Internet resources, and the reputation of IWH LLC as a responsible provider. You are expected to use the Internet with courtesy and responsibility and to follow good Internet etiquette.

Violation of these guidelines is strictly prohibited and may result in immediate termination or suspension of services. You remain solely liable for your use of the services and all content you display, upload, download, or transmit, including email, web pages, personal pages, and domain names. IWH LLC may terminate repeat infringers.

3. Illegal or Harmful Use

You may use the services only for lawful purposes. Transmission, distribution, sale, storage, or hosting of material in violation of law, regulation, or this policy is prohibited. IWH LLC may restrict, prohibit, or remove any use or content that it determines is harmful to its servers, systems, network, reputation, goodwill, customers, or any third party.

• Infringement: unauthorized use of copyrighted, trademarked, patented, trade secret, or other proprietary material, including unauthorized copying or posting of images, logos, software, articles, music, or videos.
• Offensive materials: transmitting, disseminating, selling, storing, or hosting material that is unlawful, libelous, defamatory, obscene, illegal, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable.
• Export violations: posting or sending software or technical information in violation of U.S. export laws, including the Export Administration Act and Export Administration Regulations.
• Harmful content: viruses, Trojan horses, worms, time bombs, cancelbots, or other routines that may damage, interfere with, intercept, or expropriate any system, program, data, or personal information.
• Fraudulent conduct: fraudulent goods, services, schemes, promotions, false signup or registration data, or fraudulent use of information obtained through the services, including credit card numbers.

4. System and Network Security

Violations of IWH LLC's or any third party's server, system, or network security are prohibited and may result in criminal and civil liability. IWH LLC may investigate such incidents and may involve or cooperate with law enforcement when a criminal violation is suspected.

• Unauthorized access to or use of data, systems, servers, or networks, including probing, scanning, vulnerability testing, or bypassing authentication without authorization.
• Unauthorized monitoring or interception of data or traffic on any network, server, or system.
• Interference with service to any user, host, or network, including mail bombing, news bombing, flooding, broadcast attacks, deliberate overload attempts, or activity resulting in a host crash.
• Forging TCP/IP packet headers, email headers, or any part of a message header.
• Avoiding service limitations, failing to safeguard accounts or passwords, or allowing unauthorized access to accounts.

5. Email and Messaging

You may not distribute, publish, or send unsolicited promotions, advertising, or solicitations, commonly known as spam, except to recipients who have explicitly requested such emails.

• Commercial promotions, advertising, solicitations, or announcements containing false or misleading information.
• Harassing email, whether because of language, frequency, or message size.
• Chain letters or fraudulent promotional schemes.
• Malicious email, including mail bombing or trolling intended to generate excessive responses.
• Email containing forged or falsified sender, routing, header, or other identifying information.

You may not use IWH LLC mail servers or another website's mail server to relay mail without express permission. Excessive cross-posting or multiple-posting to newsgroups is also prohibited.

6. 100% Uptime Guarantee

This uptime guarantee applies to customers registered for shared hosting or dedicated hosting services who are in good financial standing with IWH LLC. IWH LLC endeavors to make the content of your website available for HTTP access by third parties 100% of the time.

For dedicated hosting, if website availability is between 98.9% and 99.9% for a particular month, the credit will be equivalent to the difference between the guaranteed availability and the calculated actual availability, multiplied by the charges incurred for the affected services during that month. Additional dedicated hosting credits may apply, but the maximum credit will not exceed 50% of the monthly service charge for the affected month.

To receive a credit, you must request it within seven business days after the unavailability occurred by emailing support@iwh.net. The request must include your account number, dates and times of unavailability, and any other customer identification IWH LLC requests. Credits are usually applied within 60 days and are your sole and exclusive remedy for lack of website availability.

Credits are not provided for unavailability caused by scheduled maintenance, your behavior, your equipment, facilities or applications, DNS propagation, third-party service failures, third-party software or hardware failures, or circumstances beyond IWH LLC's reasonable control, including governmental acts, war, insurrection, sabotage, embargo, fire, flood, labor disturbance, transportation delay, telecommunications delay, or power or supply issues.

7. Next Business Day Dedicated Server Provisioning

IWH LLC's Next Business Day Guarantee applies only to standard, pre-configured dedicated servers specifically listed by IWH LLC as covered servers. It does not apply to non-standard configurations, RAID changes, or other add-on features. IWH LLC may add, remove, modify, or cancel this guarantee at any time without notice.

For covered servers, IWH LLC will provision the server by the next business day after receiving and confirming the customer order and completing any necessary credit checks. Orders received and confirmed by 6:00 p.m. United States Eastern Time on a business day will be provisioned by 6:00 p.m. United States Eastern Time the following business day. Business days are Monday through Friday, excluding New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, and Christmas Day.

If IWH LLC does not meet this guarantee, IWH LLC will issue a credit or refund of $100 of the setup fee for the covered server. The credit may be applied to future monthly service fees at IWH LLC's discretion. Credits do not apply when delay results from your behavior, your equipment, facilities or applications, third-party failures, DNS propagation, or circumstances beyond IWH LLC's reasonable control.

8. Term, Renewal, and Payment

Hosting services are provided for the initial term selected in the applicable order: 30 days for shared hosting, 12 months for dedicated hosting, or another term selected in the order form. Unless terminated with proper notice, services automatically renew for the same period as the initial term.

Termination notice must be provided at least seven days before the end of the current term for shared hosting, or at least 30 days before the end of the current term for dedicated hosting or annual shared hosting. Termination requests must be sent in a written, signed, and dated document by email to billing@iwh.net, together with sufficient customer identification.

You must pay all charges for services in advance at then-current IWH LLC prices, exclusive of applicable taxes. You authorize IWH LLC to charge your credit or debit card for applicable charges when you choose card payment. Supplemental charges may be accumulated until they exceed $20 and then charged. Late payments may result in late charges, suspension, termination, collection costs, attorneys' fees, court costs, and reinstatement fees.

If you terminate services before the end of the applicable term, IWH LLC will not refund prepaid fees except as expressly stated in the agreement. Annual prepaid shared hosting may be eligible for a pro-rata refund of remaining months calculated at the standard monthly rate rather than any discounted annual rate.

9. Use of Services

• You must comply with this Acceptable Usage Policy, the hosting agreement, the online privacy policy, and all posted policies and guidelines.
• You must ensure all material and data placed on IWH LLC equipment is server-ready and requires no additional manipulation by IWH LLC.
• You are responsible for having the knowledge needed to create, operate, and maintain your website or services.
• You may not exceed bandwidth, storage, or email usage limits stated in the applicable order form. IWH LLC may assess additional charges, suspend service, or terminate the agreement for excess usage.
• You are responsible for your account, all access to it, and all unauthorized access that results in excess usage or charges.
• You are solely responsible for security breaches affecting servers or accounts under your control, and IWH LLC may shut down services involved in attacks or unauthorized access.

10. Domain Names

As part of the services, you may provide IWH LLC with registered domain names or request that IWH LLC register available domain names that do not violate registrar policies, laws, or regulations. You must reimburse IWH LLC for fees paid to registrars or registration authorities for registering and maintaining domain names.

You are bound by the terms and policies of the applicable domain registrar and national DNS registration authorities. IWH LLC will not refund fees paid for a domain name you are unable to use. If you received a free domain name registration offer and terminate services within one year of registration, you must pay the full retail price for the domain registration in addition to any other early termination fees.

11. Intellectual Property

You grant IWH LLC a non-exclusive, worldwide, royalty-free license during the applicable service term to edit, modify, adapt, translate, exhibit, publish, transmit, reproduce, create derivative works from, distribute, perform, display, cache, and otherwise use your content as necessary to render and operate the services.

You represent and warrant that you are at least 18 years old, have authority to enter the agreement, will use the services only for lawful purposes, will be financially responsible for your account, have obtained required authorizations for links and content, have verified the accuracy of materials distributed through the services, and that your content does not infringe third-party rights or violate law.

Materials, software, data, information, know-how, methodologies, equipment, processes, copyrights, trademarks, patents, trade secrets, IP numbers, and IP addresses developed, provided, used, assigned, or controlled by IWH LLC or its suppliers remain the sole and exclusive property of IWH LLC or its suppliers. IWH LLC may change or remove assigned IP numbers and addresses in its discretion.

12. Enforcement

IWH LLC may investigate reported violations, complaints, or suspected violations and take action it deems appropriate and reasonable to protect its systems, facilities, customers, or third parties. IWH LLC will not access or review email or similar stored electronic communications except as required or permitted by law or legal process.

If IWH LLC becomes aware of a possible violation, it may issue warnings, suspend or terminate services, restrict or prohibit uses of hosted content, disable or remove links, remove content, or take other corrective action. IWH LLC is not obligated to monitor or exert editorial control, and fees paid in advance will not be refunded when corrective action is taken because of a possible violation.

To comply with law, lawful governmental requests, protect IWH LLC systems and customers, or ensure business integrity, IWH LLC may access and disclose information it considers necessary or appropriate, including user profile information, IP addressing, traffic information, usage history, and content residing on IWH LLC systems. IWH LLC may report suspected unlawful activity to law enforcement, regulators, or other appropriate third parties.

13. Web Design Services

If you purchase web design or development services, IWH LLC will provide the ordered services and deliverables described in the applicable order summary after payment of the required fees. IWH LLC grants you a limited, personal, non-exclusive, non-transferable license to use the deliverables identified in the order summary.

• You may not modify deliverables except with tools incorporated into the deliverables.
• You may not use deliverables for a third-party commercial purpose.
• You may not decompile, reverse engineer, or disassemble software deliverables.
• You may not remove copyright or proprietary notices or transfer deliverables to another person.
• You must prevent unauthorized copying of deliverables.

Except for initial edits before final delivery, IWH LLC is not obligated to correct bugs, defects, or errors in web design services or deliverables, or to otherwise support or maintain them. Reasonable technical support may be provided during normal business hours at IWH LLC's standard pricing.

14. Warranties, Liability, and Indemnification

Services are provided "as is" and without warranty against failure of performance, including failures caused by hardware or communication systems. Except as expressly provided, IWH LLC disclaims all representations and warranties, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and warranties arising from course of dealing, course of performance, or usage in trade.

IWH LLC and its suppliers are not liable for unauthorized access to, alteration, theft, or destruction of information through accident, fraudulent means, or devices, and are not liable for consequential, exemplary, special, incidental, or punitive damages. IWH LLC's aggregate liability is limited to the amount you actually paid to IWH LLC under the agreement during the three months immediately preceding the date the claim accrued.

You release, hold harmless, and indemnify IWH LLC, its affiliates, suppliers, employees, directors, and representatives from claims, liabilities, damages, settlements, penalties, fines, costs, and expenses, including attorneys' fees, arising from your breach of the agreement, improper or illegal use of the services, or infringement, violation, or misappropriation of third-party rights.

15. Miscellaneous Terms

• The agreement and incorporated policies constitute the entire agreement between you and IWH LLC for the subject matter.
• IWH LLC is not your agent, fiduciary, trustee, or representative, and there are no third-party beneficiaries except as expressly provided for IWH LLC suppliers.
• Amendments, changes, waivers, or discharges must be in writing and signed by the parties unless otherwise expressly stated.
• IWH LLC may identify you as an IWH LLC customer in advertising, publicity, or similar materials without compensation.
• The agreement is governed by the laws of the United States and the State of Florida, without regard to conflict-of-law rules. Any action must be brought in federal or state courts located in Miami-Dade County, Florida.
• You must comply with all applicable laws and regulations. IWH LLC is not required to perform obligations that would violate any present or future law, regulation, or government policy.
• You may not assign the agreement without prior written consent. IWH LLC may assign rights and obligations and may use affiliates and agents without your consent.
• No waiver, severability, headings, and survival provisions apply as stated in the agreement. Payment obligations, warranties, intellectual property rights, liability limitations, and indemnification obligations survive termination.