Acceptable Use Policy & Terms of Service

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Acceptable Use Policy & Terms of Service

By using Incero LLCs (Incero, our, us or we) products and services, you (you, your or Customer) agree to comply with our policies. We expect you to have a basic knowledge of how the Internet functions, the types of uses that are generally acceptable, and the types of uses that are to be avoided. Common sense is the best guide as to what is considered acceptable use. This Acceptable Use Policy (this AUP) is incorporated by this reference into each Master Service Agreement, Colocation Agreement and/or Service Order. Your use of our products and services is subject to your acceptance and compliance with this AUP. YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THE TERMS OF THIS AUP. We reserve the right to amend or modify this AUP from time to time, and your use of our products and services. We will post changes to the AUP on the legal page of our website at https://incero.com/acceptable-use-policy, which posting will constitute your acceptance of any such amendments or modifications. You are responsible for complying with this AUP and for violations attributable to your customers and users, whether authorized or not by you or by us. You must take all reasonable steps to ensure that your customers and users comply with this AUP. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR THE DATA AND CONTENT TRANSMITTED THROUGH OR TEMPORARILY OR PERMANENTLY STORED ON OUR NETWORK OR ANY SERVER AND FOR THE ACTIONS OR OMISSION OF USERS.

INTERPRETATION

The provisions of this AUP are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this AUP, are prohibited. We reserve the right at all times to prohibit activities that damage our or our affiliates commercial reputation and goodwill. We will be the sole and final arbiter as to what constitutes a violation of our policies.

ILLEGAL USE

Our products and services may be used only for lawful purposes. Transmission, distribution, storage, or linking to of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property rights used without proper authorization, and material that is defamatory, constitutes an illegal threat, violates export control laws, or is otherwise prohibited by US law.

IRC

Legal use of IRC is allowed on our network. IRC may not be used on our network when the intentions are malicious or illegal, e.g. for controlling a bot net or other illegal activity.

TOR

TOR exit and relay nodes may be run on our network only on dedicated servers rented directly through Incero with full photo ID and billing address verification. TOR exit and relay nodes may not be run on VPS on our network, or on resold dedicated servers on our network.

IPV4 ADDRESS USAGE

IPV4 (IP addresses in the format x.x.x.x e.g. 209.15.23.125) have been exhausted world-wide, soon there will be no way for even the largest companies to receive more IPV4 addresses. For this reason we must ensure that no customer is wasting IP space. Incero will run automated and manual processes to determine the use of IPV4 on it’s network. The following rules for IPV4 usage must be adhered to at all times: A server may not be issued more IPs than strictly required to function. A /30 (1 usable IP) is the default allocation. VPS, Cloud Server, and other virtual machine providers must not issue more than 1 IP per virtual machine unless strictly required to function. Customers who are currently issued more space than they need should contact support to have their IP allocation reduced in size. No downtime will result from resizing your IP space, and you may also save money on your monthly bill! All issued blocks must have 100% of the IPs responding to web based ping at all times. You may rate limit ping as desired (e.g. 20 per second). All servers (including Windows servers) must be configured to respond to ping. Incero may collect current and historical IP usage information for customer IP allocations and may share this data (including trends, predictions, ports found to be in use, machine type, and MAC address) with ARIN (the official agency in charge of IPV4 in the USA: http://www.Arin.net). Incero may share with ARIN the following customer information: Full Name, Company Name, Address, Phone Number, Email Address. ARIN may use this information only to contact the customer to confirm any IP allocations, enquire about any suspected IP waste, etc as required during their normal operations to determine whether Incero may be issued more IP space and/or is complying with ARIN regulations. In general Incero will only share this information for customers who have more than 5 IPs allocated, however Incero reserves the right to share this information with ARIN for any Incero customer with an active IPV4 allocation of any size. Most companies already share information with ARIN, but don’t explicitly tell their customers that they do this. Incero may port scan IPs from 23.29.121.146 to discover protocols being used on IPs. In general Incero may typically scan ports once per 24 hour period, however during IPV4 applications (by clients or by Incero to ARIN), an increased amount of scanning may occur. Incero typically only port scans a customer IP when that IP is not responding to ping. Clients should take no actions that reduce system security to accommodate Incero’s network scanning. System security is always the top priority. We will open a ticket with the client if we have concerns about not being able to ping or scan an IP.

Dedicated Unmetered Bandwidth vs Unmetered Bandwidth

"Dedicated Unmetered Bandwidth" provides a dedicated port that will be able to reach the advertised speeds 24/7, and that Incero will maintain enough Internet uplink capacity to the switch for you to use the full port speed. This results in premium performance for latency sensitive applications.

Non "dedicated" unmetered bandwidth, sold as just "Unmetered Bandwidth", means that you will be assigned the port speed purchased but that you are sharing the available bandwidth with other customers. For "10 gigabit unmetered" bandwidth products you can expect to use 1gigabit/second and burst up to 10gigabit per second depending on other customer usage. We monitor usage and add capacity as revenues allow. Make note that you are receiving a high port speed for far less than the IP Transit costs associated with that port speed, but benefit from a sharing situation, where not all customers will be trying to peak at the same time. This results in lower costs for non latency sensitive applications.

COMMUNICATIONS

Communications with or submitted to Incero including but not limited to emails, support tickets, chats, and voice conversations are the exclusive property of Incero and are not to be copied, shared, or otherwise reproduced without prior explicit written permission from Incero. Foul, explicit, rude, or abusive language will not be tolerated and may result in immediate account termination without refund. Threats of physical violence shall be grounds for immediate termination of services without refund. Threats or discussion in private or public of taking legal action against Incero LLC or it's founders may result in immediate termination of all services at our sole discretion. We love working with our customers if there is an issue with your account please let us know directly so that we can assist you.

SECURITY

Violations of our system or network security are prohibited, and may result in criminal and civil liability. Our servers and networks may not be used for: introducing or executing malicious programs into any network or server, such as viruses, worms, Trojan Horses, and key loggers; causing or initiating security breaches or disruptions of network communication and/or connectivity, including port scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged routing information; executing any form of network activity that will intercept data not intended for your server; evading or circumventing user authentication or security of any host, network or account, including cracking, brute-force, or dictionary attacks; interfering with or denying service to any user, host, or network other than your host, such as a denial of service attack or distributed denial of service attack; conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including the forging of packet headers or other identification information; soliciting the performance of any illegal activity, even if the activity is not performed; or using any program, or sending messages of any kind, designed to interfere with or disable a users terminal session. The preceding list is an example and not an exhaustive list of prohibited activity. If you are aware of or believe that a violation of this AUP has occurred, please contacts us and report the violation as set forth in the last paragraph of this AUP.

SPAMMING

You may not: send unsolicited bulk messages over the Internet (spamming); create fake weblog or weblogs which are intended or reasonably likely to promote the authors affiliated websites or to increase the search engine rankings of associated sites (splogs); or send spam to weblog sites or automatically post random comments or promotions for commercial services to weblogs (spamming blogs). All users must comply with all relevant legislation and regulations on bulk and commercial e-mail, including but not limited to the CAN-SPAM Act of 2003. Users may not send mass unsolicited e-mail, which is email that is sent to recipients who have not opted-in to mailings from the user. Users who send mass mailings must maintain complete and accurate records of all consents and opt-ins and provide such records to Incero upon its request. If a user cannot provide positive and verifiable proof of such consents and opt-ins, we will consider the mass mailing to be unsolicited. Users are prohibited from operating mailing lists, listservs, or mailing services that do not target an audience that has voluntarily signed up for e-mail information using an opt-in process or that has made their e-mail addresses available to a user for distribution of information. Users who operate mailing lists must maintain complete and accurate records of all consents and opt-in elections and provide such records to Incero upon its request. If a user cannot provide positive and verifiable proof of such consents and opt-in elections, we will consider the list mailing to be unsolicited. Any user-maintained mailing list must also allow any party on the list to remove itself automatically and permanently. Other prohibited activities include, without limitation, the following: use of our network for the receipt of replies to unsolicited mass e-mail; forgery of e-mail headers (spoofing); spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software; configuration of a mail server to accept and process third-party messages for sending without user identification and authentication; hosting web pages advertised within spam e-mail sent from another network (spamvertising); hosting web pages or providing services that support spam; any other unsolicited bulk messages, postings, or transmissions through media such as weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-up messages, instant messages, or SMS messages; and instructing others in any activity prohibited by this AUP. If you or any user that is your customer use our products or services in a manner that causes us or our affiliates or customers to be blacklisted or blocked, we reserve the right to (i) suspend permanently or terminate your Incero services and/or (ii) suspend permanently or terminate your access to the Incero services. Operating our products or services on behalf of, or in connection with, or reselling any service to persons or firms listed in the Spamhaus Register of Known Spam Operations database at http://www.spamhaus.org shall constitute a violation of this AUP. If, as a result of your actions, our mail servers or IP address ranges are placed on black hole lists or other mail filtering software systems, we shall charge you $250 upfront and $120 per hour thereafter for any necessary remedial actions.

Other Mail Sending

You may send regular amounts of email (less than 300 emails per day) in connection to your business from your server which is directly related to websites hosted on that server but you may not use an Incero server to act as a mailing server for websites not hosted at Incero. For example allowed usage might be forum reply notifications, eCommerce purchase notifications, email back and forth between humans at your business and your clients, etc. Examples of disallowed sending would be any emailing in excess of 300 emails per day, or emails regarding a website or product that is not hosted at Incero. Email marketing services, email sending services, email list management services, and other mass mail service providers are strictly prohibited from operating any service, even unrelated services, on our network.

Pricing, Quotes, & Offers Subject To Change Without Notice

Offers, quotes, and other pricing information provided is provided on “at current time” basis. A variety of factors affect our ability to deliver a product or service at a certain price including but not limited to; hardware stock, vendor stock, staff availability, and network capacity. If at any time we deem that we are no longer able to offer a product or service at a quoted price we may withdraw that offer at any time. If a client has made payment for a product or service at a certain price and we then decide to retract that offer after payment has been received we will issue a refund of the monies received for that particular item or service.

CONSEQUENCES OF VIOLATIONS

When we become aware of a violation or an alleged violation of this AUP, we will initiate an investigation. During the investigation we may restrict Customers access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, we may, in our sole discretion, restrict, suspend, or terminate Customers account and/or pursue other civil remedies. If such violation is a criminal offense, we will notify the appropriate law enforcement department of such violation. We reserve the right to disclose information relating to you and your use of our products and services, if such information is disclosed in connection with an investigation or in order to prevent the death of or bodily harm to any individual, as determined by us in our sole discretion. We do not issue service credits for any product or service incurred through service disablement resulting from policy violations and we will not be in default for so disabling any such services. You shall be liable for all costs and expenses incurred by us resulting from an investigation of your prohibited use of our products and services. You will cooperate and comply with any investigation regarding this AUP or the use of our products or services, including, without limitation, the following: discovery orders, subpoenas, freeze orders, search warrants, information requests, wire taps, electronic intercepts and surveillance, preservation requests, and any other order from a court, government entity or regulatory agency. We may enforce this AUP, with or without notice to you, by any action we deem reasonable, in our sole discretion. In addition to the remedial provisions provided elsewhere in this AUP, we may: disable access to a your content that violates this AUP; suspend or terminate your a access to our products and services ; remove DNS records from Servers; block mail or any other network service; effect IP address null routing (and also charge a monthly fee or one time fee for maintaining the null route); and/or take legal action against you to enforce compliance with this AUP. Abuse fees of $95 per hour (minimum billing increment is 1 hour) may be billed to your account at Inceros discretion for time spent handling any investigation or abuse reports. Abuse fees are due in full within 12 hours and must be paid before any suspended service may be reactivated, suspended services may also be charged a reactivation fee of $150. Failure to pay abuse fees by the due date or failure to respond to abuse tickets promptly may result in suspension or termination of all services within the account. Terminated services will not be reactivated. Before reactivating suspended services we may require prepayments for the next billing period and for any currently open invoice to be settled immediately.

REPORTING ABUSE

Any party seeking to report any violations of Inceros policy may contact via e-mail:

SETUP TIME

We typically aim to deploy servers within 2-10 business days, however some server configurations (custom setups, hardware availability) may take up to 60 calendar days to deploy. If your order is projected to take longer than our average deployment time you will be contacted; we strive to always deploy your server as soon as possible. No refund will be provided for servers that are cancelled while waiting for deployment.

INVOICING

To keep our costs and prices low our billing system and service suspension system is largely automated. Services are prepaid, and failure to make payment will result in account (all services) suspension. For your convenience we offer a card on file option so that your payments will never be late. We also offer an option to keep a deposit on your account which we will apply to overdue invoices before suspension, to keep your services online during unexpected periods away from your computer resulting in an inability to pay on time. We do not guarantee delivery of invoice notification emails, so please be sure to set a calendar reminder, setup a subscription, or login and check the portal regularly. Our invoicing process works as such: Client signs up for product, invoices, client pays (has the option to setup a subscription or pay for one period only), order is setup shortly after payment is received. 14 days before the service expires an invoice for the next period is generated in the portal and a courtesy email is sent. 3 days before the payment is due an invoice reminder email is sent. When the invoice is 1 minute overdue services are suspended. Overdue notice is sent when 24 hours past due. Overdue notice is emailed when 48 hours past due. Late fee is applied when 48 hours past due. Overdue notice is sent when 72 hours past due.

FIRMWARE UPDATES

Customers may not update the firmware or change the firmware on the hardware rented to them by Incero. If the hardware in use requires a firmware update please request assistance from Incero in a support ticket. Incorrectly applied firmware updates by the customer can make the hardware unusable, in such cases the customer will be billed for the cost of a new replacement plus costs incurred for shipping, taxes, and installation. Our hardware SLA will not apply when outages are caused by the customer applying firmware updates without permission from Incero.

OPERATING SYSTEM INSTALLATION

Loading of the operating systems listed on the order form in the default configuration will be completed free of charge before deploying your server. Other operating systems may be requested but it is not guaranteed that we will be able to install them. If we are unable to load your desired operating system you will need to load the operating system yourself via the IPMI/KVM. Refunds will not be made if we are unable to load a custom requested operating system or are unable to meet custom partition requests.

SHIPPING MARKUP 20%

When you ask Incero to supply shipping materials and/or a shipping label Incero will markup those prices by 20% over the cost from our vendors. You can always supply your own shipping labels instead.

SUPPORT

System software support is only provided for fully managed server customers. Absolutely no software support is provided for unmanaged server customers, unmanaged clients can certainly submit support requests relating to replacing failed hardware. All servers come with integrated IPMI/KVM allowing you complete remote control over the system. Our unmanaged products are intended for expert system administrators, or those who have their own system administrators already employed. Unmanaged customers facing KVM or hardware outages will be dealt with on a best effort basis during business hours, however immediate response and assistance can be received with the use of a high priority ticket (which will incur a fee of $35 and that fee will be refunded if the issue indeed turns out to be hardware failure). Our SLA is applicable only to issues where a customer has opened and paid for a high priority ticket (the $35 high priority ticket fee will be refunded if the issue turns out to be hardware failure). Managed customers hardware is monitored 24/7 and high priority tickets for managed clients are free of charge for dealing with any hardware or website outages. Additional works not covered by an existing contract will be billed at $120/hour.

COLOCATION APC BLANKING PANELS REQUIRED

Customers with a colocation rack product (half rack, full rack, or multiple racks) are required to make use of APC blanking panels on the front side of empty rack Us. Blanking panels help maintain proper cold and hot aisle separation, resulting in a better environment for all customers. Customers with open Us without blanking panels will be billed a $5 per U fee for the installation of Incero's own blanking panels, these blanking panels remain the property of Incero. We require the use of APC blanking panels of the style AR8136BLK, as they provide the highest levels of efficieny in our racks. You are welcome to install your own AR8136BLK style panels. You are also welcome to provide your own AR8136BLK panels for install by remote hands, remote hands fees will apply. The most cost effective option is to allow Incero to install their own AR8136BLK style panels.

RDNS

RDNS can be set in the customer portal free of charge for our regular dedicated servers. RDNS can not be set for servers by the minute.

BANDWIDTH & OVERAGES

Bandwidth used in excess of your allotted amount will be charged at $0.50 per gigabyte of data transfer. We reserve the right to reduce a client’s port speed if the client is expected to exceed their allowance. This cap will remain in place until the client provides a deposit for estimated overages or upgrades their bandwidth plan so that their expected usage will not incur any overages. Our 100TB bandwidth product may be used in any fashion if there are less than three 100TB servers in your account. For accounts with three or more 100TB servers, the servers may not be used for CDN style serving - meaning the servers must not all peak above 1 gigabit combined, at the same time. For CDN style usage of three or more servers a gigabit unmetered package is required. Our servers are intended for business and recreational use and are expected to receive less than 1gbit/second of inbound traffic (from the Internet) at any one time. Your server intentionally or unintentally being the destination of more than 1gbit/second traffic (typically the result of a distributed denial of service attack or "booter" or "stresser" services) may result in server suspension, IPs being nullrouted, and/or service termination without refund. Each case is evaluated on a case by case basis to determine the impact on other customers. As each switch is connected by multiple 10gigabit uplinks a single attack of less than 7gbit/second is often ignored and forgiven. If we determine that your server or services are a DDOS magnet or are otherwise likely to negatviely impact the uptime or performance of our network we reserve the right to suspend or terminate all services in the account without notice. We are able to assist in the provision of DDOS protection services before or after your server is put online. However, if your services have been the target of DDOS attacks in the past with any host you must notify us of the attack history before signing up with us so that we can determine whether or not we will be able to host your services.

ACCOUNT OWNERSHIP

Accounts opened with a company name are for official use by the mentioned company only, and you confirm that you are authorized to make purchases for and on behalf of the company, and that the company has authorized use of and will pay for Inceros services. Accounts may not be loaned, transferred, or sold to third parties. To transfer a server or service to a third party you must contact Incero to arrange the transfer of the service into a new account.

PAYMENTS

Invoices are sent seven (7) or more days before the invoice is due, payment must be received in full by 11PM CST on the invoice due date. Failure to make payment on time may result in late fees being assessed to each past due invoice and suspension of all services in the account. Any account with an invoice that is five (5) or more days past due may be treated as an abandoned account and all services may be suspended or permanently terminated at the sole discretion of Incero LLC, no refunds for any prepaid services will be due. Account or service suspension or termination does not eliminate debts to Incero LLC. Incero LLC reserves the right to demand payment by means of a certified cashiers check or wire transfer when an account has, or has had, any past due invoices, or suspicious payments (at the sole discretion of Incero LLC).

DATA CENTER ACCESS

Colocation customers may access the data center, if approved, only when renting half or full locking cabinets, cages, or suites. Access approval is dependant on a clean criminal background check, and a $35 background check fee to conduct the check. Clients do not need to request access, nor have us conduct a background check, if they simply wish to drop off equipment at the loading dock or building entrance.

UNLIMITED FREE REMOTE HANDS, 7 DAYS PER WEEK

Unlimited free remote hands are offered to all DALLAS colocation clients, and can be used for any physical (non software) process. Some example remote hands tasks; swapping RAM, adding hard drive, racking server, replacing motherboard. Free remote hands are typically completed within 8-24 hours any day of the week, but no ETA is provided nor guaranteed. Use paid remote hands if something is urgent or if the hands need to be scheduled for a specific time. Server racking is free. Server unracking and or packing for shipping is billable.

POWER INSTALL FEE

IN DALLAS TX THERE IS A MINIMUM $150 POWER INSTALLATION FEE PER POWER CIRCUIT FOR FULL AND HALF RACK COLOCATION, DOES NOT APPLY TO COLOCATION BY-THE-U.

EARS OR EXTENDING RAILS ONLY, NO SWITCHES OR SERVERS ON SHELVES

Equipment sent to our data centers for colocation must either be ear-mounted (e.g. for 1/3rd depth light servers) or extending rail mounted. Generic rails which act as a shelf are not permitted. Shelves are not permitted to rack hardware, but may be used underneath ear-mounted hardware to provide additional support for ear-mounted devices and such. Servers on generic/shelf rails pose a risk to staff and equipment, as all equipment is to be extending rail mounted a technician will pull a server forward expecting it to be fully supported, a set of generic shelf rails or a shelf will not support the server and will allow the server to fall causing damage to the server and possibly to the technician.

PAYMENT METHODS

Our pricing includes a cost saving for paying by self service methods (card), this reduces our need for billing staff completely. As such you may pay your invoices at portal2.incero.com by either: credit or debit card one time payment or credit or debit card kept on file. Payments by check/wire/ach can be made for semi annual or annual payments. Incero LLC may refund any payment method, at any time, that it finds to be high risk, fraudulent, or suspicious, at the sole discretion of Incero LLC, Incero LLC may then demand payment by wire, check, or ACH.

BILLING PERIOD

Billing period change requests will be considered on a case by case basis, at Inceros sole discretion. We reserve the right to refuse any billing period change request without reason. If you sign up on our monthly rate and then at a later date wish to submit a change request for a quarterly or other prepaid billing period you must give us at least 10 days notice via the support portal before your next due date. Failure to provide notice will result in your current billing period staying in effect for one more period, and the change, if accepted by management, will take effect on the next period after that.

PAYMENT CHARGE BACKS & BILLING DISPUTES

Raising a billing dispute with our payment processors or charging back a payment made to Incero will place your Incero account in bad standing. We reserve the right to immediately terminate all services without refund for accounts in bad standing. Termination of services does not remove payment obligations, and court or collections processes may begin to recover funds owed to Incero.

COLOCATION MINIMUM TERM OF 6 MONTHS

All colocation services have a minimum term of six (6) months. Cancellation of colocation services requires a minimum of thirty (30) days notice. Incero may hold colocated hardware as collateral for any unpaid bills. Incero may request prepayment of the remainder of the colocation term when the client requests that any hardware be shipped out of the data center.

CANCELLATIONS

For servers or clusters totaling over $1K/mo; you may cancel your server by providing us with at least 10 days cancellation notice via a ticket in the support portal ( http://portal2.incero.com ). If you fail to provide notice 10 days before the end of your billing period you agree to be billed for 1 more period. Cancellations of services are effective immediately. If 60 days notice is provided then a date can be set for your machine to come offline.
For servers or clusters totaling under $1K/mo; you may cancel without notice by opening a ticket in the support portal ( http://portal2.incero.com ).
Services may be terminated for non payment of invoices, but this will not cancel the debt to Incero LLC. We reserve the right to immediately suspend all services in your account when a cancellation request is submitted while there are any unpaid invoices in the account, we may also make the outstanding invoices due immediately, services will be restored when outstanding debts have been paid. All colocation services have a minimum term of six months, cancelling before the end of the term requires immediate payment of the remaining term by check or wire. A minimum of 30 days cancellation notice is required for all colocation services, cancellation notice must be submitted as a support ticket at portal2.incero.com (emails are not accepted). Cancelling a server in your account may result in price changes on other servers in your account, for example we may have provided additional servers at a discounted/bulk rates based on your original server(s) or overall account spend. We reserve the right to immediately change product pricing for remaining services when any other service is cancelled. No refunds will be provided for any prepaid service(s).

SPECIAL OFFERS & DISCOUNT PRICING

Special offer pricing may be limited to 1 per customer, or new customers only, decided on a per case basis. Special offer/discounted servers may not be used to replace existing services. Cancelling of any server will result in promotion pricing being removed from all servers ordered on special offer/discount, regular pricing for all servers will be applied.

Copyright © 2017 Incero LLC. All Rights Reserved.

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