terms of services

Terms of Services - Last Updated 1st July 2010

IMPORTANT NOTICE: *All Payments To Infinitive Technology Solutions Are Non-Refundable*

Infinitive Technology Solutions ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of Infinitive Technology Solutions Service constitutes acceptance and agreement to Infinitive Technology Solutions AUP as well as Infinitive Technology Solutions TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of Infinitive Technology Solutions,. 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.

1. Disclosure
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 Infinitive Technology Solutions shall have the right to terminate all service set forth in this Agreement.

2. Service Rates
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

3. Payment
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that monthīs service. Subscriber agrees that The Company automatically charges subscriber`s credit card every month, quarterly, semi-anually, or yearly depending how client has paid for services. Infinitive Technology Solutions reserves the right to process client credit cards from 1 to 5 days before the actual due date to ensure that the funds are received by the due date.

4. Payments and Fees
Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 4 days past due. Service interrupted for nonpayment is subject to a $25 reconnect charge. Accounts not paid by due date are subject to a $10 late fee. Accounts that are not collectable by Infinitive Technology Solutions 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 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

5. Refund and Disputes
All payments to Infinitive Technology Solutions,. are nonrefundable. This includes any one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Infinitive Technology Solutions sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Infinitive Technology Solutions an "Administrative Fee" of not less than $10 and not more than $150.

6. 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.

7. Account Cancellation
Cancellations made through our additional support lines which include IRC, MSN, ICQ, AIM or other chat services that we do as a extra for our clients are invalid cancellation requests. All requests for canceling accounts must be made via email to support@infintive.co.uk with at least 30 days notice before your service is due or via the client control panel http://www.infinitive.co.uk/clients/ . You must have all account information to cancel.

8. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons. Therefore, subscriber agrees that the company shall not be liable for any damages. In no event shall the company be liable for any special or consequential damages, loss or injury.

9. Invoicing
The Company does not send out invoices automatically. If a subscriber needs an invoice , they can request one at support@infinitive.co.uk

11. Support Boundaries
Infinitive Technology Solutions, provides 24 x 7 technical support to our subscribers (except for few holidays and short company meetings when we close our center.) All servers housed at our facility are unmanaged, Infinitive Technology Solutions only ensures that the server is online and is remotely accessible. Infinitive Technology Solutions does not offer tech support for application specific issues such as cgi programming, html or any other such issue.

12. SPAM and Unsolicited Commercial Email (UCE)
Infinitive Technology Solutions takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Infinitive Technology Solutions may not use or permit others to use our network to transact in UCE. Customers of Infinitive Technology Solutions 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.

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

b. First violations of this policy will result in an "Administrative Fee" of $250 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 $175 per hour that Infinitive Technology Solutions personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

13. Network
1. Bandwidth Usage: Infinitive Technology Solutions will monitor Customerīs bandwidth. Infinitive Technology Solutions shall have the right to take corrective action if Customerīs usage negatively impacts other clients.
2. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Infinitive Technology Solutions Network. Violations of system or network security may result in civil or criminal liability. Infinitive Technology Solutions 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:

1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
5. Taking any action in order to obtain services to which such User is not entitled.

14. Notification of Violation
Infinitive Technology Solutions is under no duty to look at each customerīs or userīs activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

1. First violation: Any User, which Infinitive Technology Solutions determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Infinitive Technology Solutions discretion to a temporary suspension pending a Userīs agreement in writing, to refrain from any further violations.
2. Second Violation: Users that Infinitive Technology Solutions determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
3. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customerīs network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

15. Suspension of Service or Cancellation
Infinitive Technology Solutions reserves the right to suspend network access to any customer if in the judgment of the Infinitive Technology Solutions network administrators the customerīs server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Infinitive Technology Solutions chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. 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 customerīs machines were suspended.

16. Indemnification
Infinitive Technology Solutions wishes to emphasize that in agreeing to the Infinitive Technology Solutions Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Infinitive Technology Solutions for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Infinitive Technology Solutions or the bringing of any claim against Infinitive Technology Solutions by any third-party. This means that if Infinitive Technology Solutions is sued because of a customerīs or a customer of a customerīs activity, the customer will pay any damages awarded against Infinitive Technology Solutions, plus all costs and attorneyīs fees.

a. Customer acknowledges that the service provided is of such a nature that service can be interrupted for many different reasons and interruptions can be prolonged due to external or internal events. Therefore, subscriber agrees that the Infinitive Technology Solutions.net shall not be liable for any damages arising from such loss of service for any reason. In no event shall the company be liable for any special or consequential damages, loss or injury.

17. 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.

1. 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.
2. 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.
3. Infinitive Technology Solutions takes no responsibility for any material input by others and not posted to the Infinitive Technology Solutions Network by Infinitive Technology Solutions. Infinitive Technology Solutions is not responsible for the content of any other websites linked to the Infinitive Technology Solutions Network; links are provided as Internet navigation tools only. Infinitive Technology Solutions disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or partyīs violation of this policy.
4. Infinitive Technology Solutions is not responsible for any damages your business may suffer. Infinitive Technology Solutions does not make implied or written warranties for any of our services. Infinitive Technology Solutions 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 Infinitive Technology Solutions.

18. Responsibility for Content
You, as Infinitive Technology Solutions customer, are solely responsible for the content stored on and served by your Infinitive Technology Solutions server and/or Hosting Account.