This document clearly outlines procedures and restrictions for all clients.
Last updated: May 28, 2020
Inspry Media LLC DBA Inspry (“Inspry”) strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other Inspry customers and us against such harm.
In the absence of any other Agreement, you will have accepted this Policy and these Terms and be bound by them if you use any of the services offered by Inspry (“Services”) or otherwise indicate your affirmative acceptance of such Services.
This Policy and these Terms may change from time to time. Inspry will try to inform all of our customers of the changes and subject to applicable laws and this Agreement those changes will be effective
after 30 days.
Due to rules set in place by the government of the United States of America we cannot host clients from the following countries: Burma, Cuba, Iran, Iraq, Liberia, Libya, North Korea, Sudan, Syria, or Zimbabwe.
We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any client for any reason not prohibited by law. Any deliberate attempt to cause damage to Inspry or any other Internet servers will result in immediate account deactivation without prior notice. No refund will be issued in this case.
Care Package Limitations
In case of technical issues resulting from updates performed, Inspry staff will restore the site back to the last working backup free of charge and provide you a separate quote to resolve any outstanding issues due to incompatibility and / or abandoned plugins or themes conflicting with software updates. This quote is not included in the Essentials Plan and counts towards your hours on the Premier Plan. In case of malware infection, our team will restore the site back to the last working backup and perform any additional updates free of charge to patch the malware issue. If malware re-appears, our team will restore the site back to the last working backup free of charge and provide you a separate quote to resolve any remaining security vulnerabilities through alternative plugins or additional temporary security firewall software. This quote is not included in the Essentials Plan and totals towards your hours on the Premier Plan. Non-technical support such as training, general web questions, content updates or new site features are not included in the Essentials Plan and totals towards your hours on the Premier Plan. You will be provided a separate quote prior to our team performing any tasks that require such additional billing. Custom and hardcoded changes to publicly available themes and plugins are not covered under these plans and will incur additional costs to maintain and support. Backups are performed daily and 3 backups (3 days) are kept remotely on our Google Cloud storage. Inspry is not held liable for any loss of revenue caused by downtime or loss of data through the services performed including, but not limited to updates, backups, malware cleanup.
For Care Plans that include designated monthly support and content updates, time is based in increments of 15 minutes. Any task under 15 minutes will be counted as a 15-minute block. For any tasks over 30 minutes, the client will be notified prior to completing the task. The client will be notified and provided a quote if any tasks will take more than the available monthly hours.
Activity logs for all software updates are automatically provided monthly as a courtesy service. Such logs are not guaranteed and no more than 1 month of activities will be stored.
Clients with an active Care Plan subscription may request up to four website restores on the website enrolled in the plan per day. Inspry will roll back the site to the previous date requested (if available) and notify the Client if it will take any additional time outside of the Care Plan to resolve the matter after investigating.
Website Software Updates
Client websites in an active Care Plan subscription will receive software updates on a weekly basis except for websites which utilize WooCommerce. WooCommerce-powered site updates are deployed on a monthly basis. Note this update schedule is not guaranteed and is subject to change at any time by Inspry without notice to the Client.
Commercial Services and Software Licenses
Inspry pays for and maintains developer licenses for several commercial services and plugins and may offer at times such licenses without additional compensation to clients with an Inspry Care Package. While Inspry fully expects to continue renewing developer licenses for the foreseeable future, Inspry reserves the right to discontinue payment of any such licenses at anytime with 30 days of notice. At that time, the Client will need to purchase individual licenses for those services or plugins on their website. Care Package Plans do not include software licenses and are only provided as a courtesy to the Client and do not obligate or hold Inspry liable for any payments or loss of service related to the removal or unavailability of such licenses. In order to ensure proper plugin updates are applied by Inspry, the Client is required to perform one of the following indefinitely: a) maintain an active license for each commercial software that requires such as license b) provide Inspry staff with login credentials to the developer’s website in which the software license were purchased c) provide Inspry staff the latest copy of each software as updates are released.
Payment Policies, Fees, Refunds and Terms of Agreement
Full payment is required before any service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax, unless requested and agreed upon in writing before service is rendered. Prepayment is due each anniversary (one month, one year, or other agreed upon period) following the date the account was established. Billing will continue automatically and indefinitely until you cancel your hosting account. As a policy, we do not offer credits or refunds for time already expended or on any company issued credit, such as a free month of maintenance or support. Credit cards may be billed up to seven days in advance of the due date to assure that service will not be affected if there is a problem with the credit card. Inspry considers all credit card or PayPal chargebacks for services rendered, or partially rendered, to be fraudulent. Such accounts will be assessed a $50 fee, per incident, and have their balance sent to a third-party collections agency. Please follow the refund procedures we have defined.
We do not give refunds for full months unused and billing is only done on full month or annual terms. If you decide to cancel after prepayment, you will not receive a refund for the current term in use. Additional features can be added at any time. Inspry reserves the right to change prices at any time, but will notify all clients before such changes take place.
All customers will receive invoices at least 5 days before the due date and we will attempt to charge any credit card on file set as a default payment method automatically up to 7 days before the due date. After the due date, there is a 5 day grace period in which to fully pay the invoice, with an overdue notice being emailed every day. If payment is not made, or other adequate arrangement put in place, the account (including all paid services on the account) may be promptly shutdown after the 5th day. The customer is fully responsible for making sure payment is made in a timely manner and is fully responsible for keeping accurate billing information on file.
You agree to allow us and our agents the right of access to equipment and data, as is reasonably needed, for purposes of installing, servicing, configuring, maintaining, inspecting, upgrading, replacing and removing the services and/or equipment used to receive any of the Services. In so doing, Inspry will take all reasonable care to insure the work is complete in a professional manner with minimal interruptions to Services. In all instances Inspry’s liability will not exceed what is provided within this Agreement.
You may cancel at anytime, unless otherwise stated in a written contract or agreement. To cancel your service, please email support@Inspry.com or submit a cancellation through our billing portal. Notification of cancellation must be received at least one full week prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the client’s responsibility to secure email confirmation from Inspry that the service has been cancelled. If the client has not yet received email confirmation of service cancellation, then the account remains active, and you will continue to be invoiced. Clients are responsible for all charges associated with a service until cancellation is verified via email.
If the client has a balance due at the time of cancellation, this balance must be paid in full and the cancellation may be refused until such a payment is made. Cancellation does not absolve client of any outstanding financial obligations. Inspry reserves the right to go through a third-party collection agency to collect any overdue payments. All accounts sent through a third-party collection agency will have an additional fee of 38% of the amount owed added to cover the collections fees and other related expenses, subject to applicable laws.
You are solely responsible for maintaining insurance coverage for any claims which may arise under this Agreement and for which you may be legally liable. It is your responsibility to adequately insure yourself against business interruption, loss of business or other losses. Inspry shall not have responsibility to you for your failure to maintain sufficient insurance coverage. Inspry liability shall not exceed that which is set forth in this Agreement.
You agree to use all Inspry services and facilities at your own risk. Inspry specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Inspry be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. The client agrees that it shall defend, indemnify, save and hold Inspry harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Inspry, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the client, it’s agents, employees or assigns. The client agrees to defend, indemnify and hold harmless Inspry against liabilities arising out of:
- Any injury to person or property caused by any products sold or otherwise distributed in connection with a Inspry server;
- Any material supplied by the client infringing or allegedly infringing on the proprietary rights of a third party;
- Copyright infringement and
- Any defective products sold to the client from a Inspry server.
Inspry shall be the sole arbitrator of what violates this policy.
Inspry is committed to a strict anti-spamming policy. Under this policy, we prohibit spam, or any unsolicited commercial email, from being sent either: Over the Inspry network, by clients or any other users of the Inspry network (including the client’s customers); AND/OR over ANY network – if the message sent advertises or mentions a site hosted on the Inspry network.
We react quickly and seriously to violations, and we further reserve the right to terminate the services of any client disregarding this policy. Sending unsolicited commercial email (a.k.a. “spam”), cross-posting messages to a large number of usenet groups, posting obscene orthreatening messages while using or referring to an email address or web site URL on Inspry’s network is prohibited. The use of Inspry’s network as a mail drop for responses to activities described above is also prohibited. Accounts cancelled due to spam will be billed a “clean up” fee of $100 along with a potential fee of $50 per mailing/complaint if they are deemed to be unresponsive to our requests.
If you have any complaints or comments regarding spam on our network, please email support@Inspry.com
Note: Inspry explicitly reserves its right to act in accordance with this policy in all instances. However, we will generally not suspend an account due to a single violation. In general, we will first attempt to work with you to resolve the situation. If problems persist or there is no cooperation the account may be suspended and have the above charges applied. As a web host we understand you may not have control of all your users/clients and we are more than happy to work with you as long as you are cooperative. We give all clients the right to defend themselves before accounts are permanently suspended or charged the specified clean-up fees.
All services provided by Inspry may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any American law is prohibited.
This includes, but is not limited to: copyrighted material, trademark, intellectual property, material that promotes any illegal activity, or material protected by trade secret and other statutes without proper authorization. Inspry will comply with all requirements of all Federal and State laws and regulations and will comply with orders of any court of competent jurisdiction or regulatory agency with authority over Inspry or its business. The subscriber agrees to indemnify and hold harmless Inspry from any claims resulting from such compliance or the use of the service which damages the subscriber or any other party.
Examples of unacceptable content include, but are not limited to, the following:
- Pirated software, including warez or any other commercial software which you do not have the legal right to distribute;
- Serial numbers and CD keys for commercially available software which you do not have the legal right to distribute;
- Music (.mp3, .wma, .ogg, etc.), Movies and Television shows (.mpg, .avi, .wmv, etc.), images (.jpg, .gif, .png, etc.) or compressed files or archives containing such files (.zip, .rar, .tar, etc.) which you do not have the legal right to distribute;
- Child pornography, rape, or bestiality;
- Security circumvention software or archives; Any content that facilitates in identity theft, credit card fraud, or any other type of fraud;
- Torrent files and trackers that facilitate the download of any materials included in this list;
- Any software that facilitates any activity prohibited in this policy.
Any illegal activity may result in your site being suspended immediately, without notification. Any sites breaking the above rules will be subject to a $100 clean-up fee if they are deemed to be unresponsive to our requests.
Inspry will be the sole arbiter as to what constitutes a violation of this provision.
Inspry is a strong believer in everyone’s right to practice free speech and we do not feel that it is our obligation to rid the Internet of any material which others feel may be inappropriate or offensive. We feel that the right of free speech supersedes any other claims of content being inappropriate or offensive as those terms are subjective, while the laws of the United States are quite clear. As long as the content is legal, we will not suspend your account without notice, though we do reserve the right to refuse hosting to any party for any reason with proper notice being given.
System and Network Security
Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. Inspry investigates all incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected.
Examples of system or network security violations include, but are not limited to, the following:
- Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses and other executables intended to inflict harm);
- Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the client is not an intended recipient or logging into a server or account that the client is not expressly authorized to access. For purposes of this section, “disruption” includes, but is not limited to, port scans, ping flooding, email-bombing, packet spoofing, IP spoofing and forged routing information;
- Executing any form of network activity that will intercept data not intended for theclient’s server;
- Circumventing user authentication or security of any host, network or account;
- Interfering with or denying service to any user other than the client’s host (example: denial of service attack or distributed denial of service attack);
- Using any program script/command, or sending messages of any kind, designed to interfere with or to disable a user’s terminal session, via any means, locally or via the Internet.
Inadequate security, insecure/unpatched software, insecure passwords, etc. are not the responsibility of Inspry. The client is responsible for assuring that their account is as secure as possible and the account holder accepts all responsibility for actions taken using their allocated resources, whether they are authorized or not. The account holder on file agrees to be held responsible for all bandwidth overage fees ($0.35 per GB on dedicated servers and colocation, $0.50 per GB on VPS accounts, unless other terms were agreed upon), clean-up fees, and managed service fees.
Inspry prohibits the running of any specific IRCd, eggdrop, IRC related scripts, programs, or bots.
No guarantees are made of any kind, either expressed or implied, as to the integrity of our backups or backup services. It is the clients’ responsibility to maintain local copies of their content and other stored information. If loss of data occurs due to a failure on Inspry’s part, we take reasonable action to recover the data in-house at no charge to the client. If data loss occurs due to negligence of client in securing their account, by an action of the client, or any actions not under the direct control of Inspry, Inspry will have no liability.
The customer is fully responsible for assuring that backups are kept. With dedicated servers, backup space is provided with all accounts, but it is the customer’s responsibility to activate that backup
space and to backup their data.
It is the responsibility of the client to assure that the complete contact and billing information on-hand is up-to-date and accurate,
including full mailing address and a list of authorized contacts. Inspry will contact users via the email addresses and/or phone numbers entered by the user and will not be held responsible for the accuracy of this information. Inspry
Representation and Warrantee of Age
You represent and warrant that you are at least 18 years of age.
Reservation of Rights
Inspry reserves all rights not specifically granted herein.
No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy.
If any portion of this Agreement is determined to be or becomes unenforceable or illegal, such portion will be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.
If the client is headquartered in the United States, this Agreement shall be governed by and construed as an instrument under seal in accordance with the laws of the State of Georgia (U.S.A.) governing contracts executed and to be performed therein, but without regard to any choice of law provisions. If the client is headquartered outside the United States, this Agreement shall be governed by and construed as an instrument under seal in accordance with the laws of the United States governing contracts executed and to be performed therein, but without regard to any choice of law provisions. This Agreement shall not be governed by the provisions of the United Nations Convention on Contracts for the International Sale of Goods.
Agreement, Successors and Assigns
The terms and conditions of this Agreement shall inure to the benefit of and be enforceable by each of the parties and their permitted successors and assigns. Except as set forth in the immediately following sentences, neither party shall assign this Agreement or any right or interest under this Agreement, nor delegate any obligation to be performed under this Agreement, without the other party’s prior written consent. This Agreement shall inure to the benefit of, and be binding upon, any legal successor to all or substantially all of the business and assets of either party, where such succession occurs in connection with a merger, sale of assets, corporate restructuring or otherwise by operation of law; and Inspry reserves the right to assign this Agreement to any Inspry affiliate or successor. If the client desires to request Inspry to consent to an assignment of this Agreement, the client shall send a formal request for consent by notice to Inspry, and should send a message to Inspry at firstname.lastname@example.org setting forth details concerning the requested assignment. Any attempted assignment or delegation in contravention of this provision shall be void and ineffective. The client shall ensure that it provides the then-current passwords for the Administrator Account to any successor or assignee under this Agreement as, notwithstanding any such assignment, Inspry shall not provide any passwords to the client’s Administrator Account to any party.
No agency, partnership, joint venture or employment is created between the parties as a result of this Agreement. Except as specifically provided herein, neither party is authorized to create any obligation, express or implied, on behalf of the other party, nor to exercise any control over the other party’s methods of operation.
If either party is prevented from performing any portion of this Agreement (except the payment of money) by causes beyond its control, including labor disputes, civil commotion, war, governmental regulations or controls, casualty, inability to obtain materials or services or acts of God, such defaulting party will be excused from performance for the period of the delay and for a reasonable time thereafter.
The headings in this Agreement have been inserted for convenience and shall not modify, define or limit the express provisions of this Agreement. All pronouns shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the person or persons referred to may require. The parties hereto confirm that (i) they each had the opportunity to review this Agreement with legal counsel of their own choosing and (ii) they understand the terms of, and voluntarily and knowingly enter into, this Agreement with the intent of being legally bound by the terms hereof.
Waiver and Amendment
Inspry, in its sole discretion, may amend this Agreement at any time, and in such case, Inspry will publish a new version of the Agreement (“Amended Agreement”) on the Inspry.com website. In addition, Inspry will provide Customer with at least 30 days advance notice by e-mail (sent to the email address the customer has provided to Inspry) of the change to the Agreement, except that if an update to the Agreement is required to satisfy applicable legal requirements, the Amended Agreement may be effective with less advance notice, as indicated in Inspry’s communications about the Amended Agreement. The client’s continued use of Inspry services after the effectiveness of any update will be deemed to represent the client’s consent to be bound by, and agreement with, the terms of the Amended Agreement. If the Amended Agreement includes any material adverse changes to the client’s rights or obligations and the client does not wish to continue using Inspry under the terms of the Amended Agreement, the client may terminate the Agreement by providing Inspry written notice within thirty (30) days of being notified of the availability of the Amended Agreement. In the event of such termination, the client may request a partial refund, and Inspry will refund the prorated portion of any prepaid fees applicable to the period after the effective date of termination. Otherwise, no waiver, amendment or modification of any provision of this Agreement, and no variance from or addition to the terms and conditions of this Agreement in any purchase order or other written notification, shall be effective unless in writing and agreed to by the parties hereto. No failure or delay by either party in exercising any right, power or remedy under this Agreement shall operate as a waiver of such right, power or remedy. No waiver of any term, condition or default of this Agreement shall be construed as a waiver of any other term, condition or default. This Agreement will not be supplemented or modified by any course of dealing or usage of trade.
This Agreement supersedes all previous Agreements and Service Agreement Addendums between the parties. This Agreement and any subsequent Service Agreement Addendums constitute the entire agreement
between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto.