The following terms and conditions (these “Terms”) govern the provision by iCubeTech Services (“Company”) of the services and/or products (referred collectively herein as “Services and Products”) described on the Server Order Form, the Service Level Agreement and Service Exhibit attached hereto (collectively the “Service Descriptions”) and defined in any of the Company’s product support listing, to the customer (“Customer”) identified on the Service Descriptions. The Service Descriptions, these Terms and the attachments and any addenda hereto, executed with respect to the Services and Products, are referred to herein, collectively, as this “Agreement.” iCubeTech Services reserves the right to change and update this document as needs change or arise.

Customer will be provided with the amount of disk space and bandwidth stated in their quote or plan from iCubeTech Services. Disk space usage and bandwidth usage are monitored by iCubeTech Services and will be provided to the client to use at their leisure. Customers are responsible for purchasing additional disk space or bandwidth beyond that detailed in their “Plan” or to remove files and stop network usage in order to bring their usage with their Plan’s limit. In one month you may use a extra 5% of your quota, however continued heavy usage of this will require an upgrade or extra usage fees.

The parties expressly recognize that, where iCubeTech Services is acting solely as Customer’s Host, iCubeTech Services is not engaged in, and is not actively soliciting, interstate or international commerce for said Customer. Where iCubeTech Services is a named party to any type of dispute or litigation involving any acts by Customer that affect out-of-state persons or entities, Customer agrees that it shall indemnify, hold iCubeTech Services harmless, defend iCubeTech Services exhaustively (including all legal cost(s), and challenge the jurisdiction of out of state authorities over iCubeTech Services).

iCubeTech Services shall store Customer’s web sites, files, email and databases on their servers. The parties expressly recognize that internet servers and links are susceptible to crashes, down time, vulnerabilities and that from time to time iCubeTech Services may need to preform maintenance on their services. Backups may be requested at any time if you have cPanel hosting, however iCubeTech Services is not responsible for data that you may have lost due to said crashes, down time or vulnerabilities. In addition iCubeTech Services will not support illegal activities by providing you with a backup if your Web Hosting contains any of the materials found under the Abuse section of this document.

iCubeTech Services may temporarily suspend all service for the purpose of repair, maintenance or improvement of any of its systems, or whatever it deems necessary to maintain adequate services. However, iCubeTech Services shall provide prior notice within 24 hours for all maintenance. Failure to provide prior notice on our part does fall under our SLA. Invalid rDNS records may be removed in our own discretion.

The parties expressly recognize that it is impossible to maintain flawless security, therefore the customer is solely responsible for properly securing their hosting service provided by iCubeTech Services including changing initial passwords and making any security adjustments and patches over time. Customer is solely responsible for any damage caused by such unauthorized access, and Customer indemnifies and holds iCubeTech Services harmless for any compromise of Customer’s security that resulted from their own actions, the actions of iCubeTech Services or the actions of any third party.

Message and data encryption is possible on iCubeTech Services, however Customer is solely responsible for encoding their web site, content, and data to conform with generally accepted encryption standards, and Customer indemnifies and holds iCubeTech Services harmless for any compromise of Customer’s encryption method. iCubeTech Services respects the individual privacy of each user, however breaches in security and personal mistakes on the part of our employees do happen. You agree to indemnify and hold iCubeTech Services harmless and blameless for any compromisse of your personal, business, or private information in any form.

Refunds are available on our hosting and storage services for up to 3 days for Virtual Private Servers.

Company shall not be deemed to be in default of any provision of this Agreement or be liable for any failure of performance of the Services and Products (including server interruption) to Customer(s) resulting, directly or indirectly, from any

(i) weather conditions, natural disasters or other acts of God,
(ii) action of any governmental or military authority,
(iii) failure caused by telecommunication or other Internet provider, or
(iv) other force or occurrence beyond its control.