Terms of Service
Revision date: 3/9/2018
All services provided by Indie Systems (“Indie Systems”) may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any EU federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Indie Systems from any claims resulting from the use of service which damages the subscriber or any other party.
Indie Systems reserves the right to amend or update these Terms of Service at any time, with or without notice. Such changes shall take effect immediately and shall apply to all subsequent use by you of the Website or Services. Every time you wish to use the Website, please check these terms to ensure you understand the terms that apply at that time. Please click here to see when these terms were most recently updated.
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKING SOFTWARE, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE. ADDITIONALLY, Indie Systems WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
All sub-networks, distributive hosting sites and dedicated servers of Indie Systems must adhere to the above policies, with the exception of system resources in respect to dedicated servers.
Billing
By the Account Activation Date of each month, Indie Systems shall either:
(1) debit the client’s credit card (when such information has been provided by the client); or
(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to Indie Systems by no later than the specified payment due date. Indie Systems shall be entitled to immediately terminate this agreement for client’s failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.
Taxes
Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to Indie Systems’ invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
Service Fees
Certain services carry a setup fee charged by Indie Systems to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to Indie Systems and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.
Recurring Payments and Auto renewal
Unless otherwise provided, you agree that until and unless you notify Indie Systems of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
Money back guarantee & refund policy
We do not generally refund cancelled contracts. For example, if your contract is quarterly and you request a refund after two months, no refunds will be admitted. No refunds are issued for setup charges, add-on charges, domain-registrations, add-on purchases, SSL certificates or overage charges. In case of AUP violations, any and all refunds are forfeit.
Money back for new customers, services or product subscriptions
For all of our hosting services you can have a seven (7) days money back guaranteed period and for all of our “ready-made” software products this period is set for fifteen (15) days.
Time tracked services such as software development, IT consulting etc have no refund, in any way, for the time spent for the client.
Invoice Disputes.
You have ten (10) days to dispute any charge or payment processed by Indie Systems. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
Cancellation Refunds
In general We DO NOT refund partial monthly fees to accounts. We require 30 days notice for a cancellation.
Price Change
Indie Systems reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days notice before charging you with any price change on any annual or longer term plans. It is your sole responsibility to periodically review billing information provided by Indie Systems through the user billing tool or through other methods of communication, including notices sent or posted by Indie Systems.
Coupons
Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.
Account Deactivations
Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
Limitation of Liability
Indie Systems shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Indie Systems ‘ servers going off-line or being unavailable for any reason whatsoever. Furthermore, Indie Systems shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Indie Systems’ servers. All damages shall be limited to the immediate termination of service.
In no event will Indie Systems its directors, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the services, or any user content, user websites or other materials accessed or downloaded through the services, even if Indie Systems is aware or has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, Indie Systems’ liability to you, or any party claiming through you, for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to Indie Systems for the services in the three (3) months prior to the initial action giving rise to liability. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit.
Violations
Violations of these Acceptable Use Policies should be referred to info@indie.systems. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
Governing Law; Jurisdiction
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of Greece, in courts of Athens. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Independent Contractor
Indie Systems and User are independent contractors and nothing contained in this Agreement places Indie Systems and User in the relationship of principal and agent, partners or joint ventures. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
Indemnification
You agree to indemnify, defend and hold harmless Indie Systems, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
Disclaimer
Indie Systems cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Indie Systems are resold. Thus, certain equipment, routing, software and programming used by Indie Systems are not directly owned or written by Indie Systems. Moreover, Indie Systems holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Indie Systems sees fit.
Account Activation
By activating your account with Indie Systems, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.
NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.
Electronic communications
You consent to receive communications from us electronically, e.g. by email, etc. We will communicate with you through the email that you provide. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may communicate to you for the purpose of advising you of changes or additions to the Indie Systems Services, about any of our products or services, or for such other purposes that are reasonable or required by applicable law.
Geographical access
The Indie Systems Services are not geographically limited; however, we make no representations or warranties that the Indie Systems Services are appropriate for use or access in your location and jurisdiction.
You access and use the Indie Systems Services in your country on your own initiative and you solely are responsible for complying with your local laws and regulations, if and to the extent such laws are applicable. We reserve the right to limit, in our sole discretion, the availability of the Indie Systems Services or any portion thereof, to any person, entity, geographic area, or jurisdiction, at any time.
Product/Services Support Policy Overview
Support will be provided only via our support/ticketing system(s) and/or live chat, if it is available for the product/service you are using. Phone support will be provided only upon request and limited to business contracts.
Support Response Timing
We try to respond as fast as possible to all of our clients during working hours and days (10am – 6pm, Monday to Friday). However, there is prioritization in our support policy between our products and services.
Hosting Services
Unless otherwise stated, all hosting plans (Shared and VPS) have a maximum 48 hours response time although we tend to respond within 24 hours. Dedicated Server plans have 24 hours maximum response time.
Software Products/Software Development
Support response time for our software products in general is 48 hours but it depends on your purchased license or contract.
Business Contracts and Partners
Our business contracts have 6 hours or less. This response time may be altered by your contract deal. If you are unsure about your support response time you may contact our support team.
Hosting Services
Permitted CPU and Disk Usage.
All use of hosting space provided by Indie Systems is subject to the terms of this Agreement and the Acceptable Use Policy.
Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. Indie Systems expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. Indie Systems may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of Indie Systems’ terms and conditions.
Dedicated and VPS usage is limited by the resources allocated to the specific plan that you have purchased.
Bandwidth Usage.
Shared servers are not limited in their bandwidth allowance. Unlimited bandwidth usage is not available for resellers, dedicated or VPS servers, which are subject to the terms of the plan you purchased and can be viewed in your control panel.
Server Uptime Guarantee
Indie Systems guarantees 99.9% service (http, ftp, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime.
Indie Systems reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.
Backups and Data Loss
Your use of the Services is at your sole risk. Indie Systems’ backup service runs once a day and overwrites any of our previous backups. Only one week of backups are kept at a time. This service is provided only to shared and reseller accounts as a courtesy and may be modified or terminated at any time at Indie Systems’s sole discretion. Indie Systems does not maintain backups of dedicated accounts. Indie Systems is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on Indie Systems’ servers.
Shared (non-reseller accounts)
Shared accounts may not be used to resell web hosting to others. If you wish to resell hosting you must use a reseller account.
Dedicated Servers
Indie Systems reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is your responsibility to ensure that there is a valid email address and current root password on file for your dedicated server to prevent downtime from forced password resets. Indie Systems reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us. It is your responsibility to maintain backups. Dedicated servers that have invoices outstanding for more than ten (10) days may be subject to deletion which will result in the loss of all data on the server. Indie Systems will not be liable for any loss of data resulting from such deletion.
Accounts, Services; Compliance & Security
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
The Services, including all related equipment, networks and network devices are provided only for authorized customer use. Indie Systems may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. Indie Systems may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by Indie Systems of an issue, we reserve the right to leave access to services disabled.
Indie Systems reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
VPN Services
In addition to these terms of service, Indie Systems’ VPN Services are described here.
Other Services
In addition to these terms of service document, Indie Systems’ Services may have a more in-detail TOS document here.
Acceptable Use Policy
Revision date: 13/10/2017
As a provider of web site hosting and other Internet-related services, Indie Systems offers its customer (also known as “Subscribers”) and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Indie Systems respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Indie Systems reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Indie Systems has developed an Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each customer’s respective service agreement, and is intended as a guide to the customer’s rights and obligations when using Indie Systems’ services. This AUP will be revised from time to time.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Indie Systems cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Indie Systems cannot monitor or censor the Internet, and will not attempt to do so, Indie Systems cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the Internet, they must keep in mind that Indie Systems does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over Indie Systems’ network and may reach a large number of people, including both subscribers and non-subscribers of Indie Systems, subscribers’ postings to the Internet may affect other subscribers and may affect Indie Systems’ goodwill, business, reputation or operations. For these reasons, subscribers violate Indie Systems policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Spamming:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Indie Systems, but also because it can overload Indie Systems’ network and disrupt service to Indie Systems’ subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Indie Systems will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore Indie Systems reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should Indie Systems choose to pursue and prosecute.
Audio/Video Streaming:
Audio/Video Streaming is not hosting friendly. As such, Indie Systems does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.
Adult-Oriented Content:
Indie Systems does not allow adult content and will suspend/terminate any offending account.
Large File Policy:
You may use our hosting/VPS plans for Large File Distribution based on your plan applied restrictions ( available space, bandwidth measures like total monthly traffic, bandwidth throttling ). If you are unsure whether your file or actions are against this policy, please use our support/contact options.
Obscene Speech or Materials:
Using Indie Systems’ network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Indie Systems is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
Defamatory or Abusive Language:
Using Indie Systems’ network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.
Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.
Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.
Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside the United States.
Usenet Groups:
Indie Systems reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.
Other Activities:
Engaging in activities, whether lawful or unlawful, that Indie Systems determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Indie Systems will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with Indie Systems’ policy or applicable law. However, when Indie Systems becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Indie Systems.
Indie Systems is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching Indie Systems’ facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Indie Systems does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Indie Systems reserves the right to directly take action against a customer of its subscribers. Also, Indie Systems may take action against the Indie Systems’ subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Indie Systems anticipates that subscribers who offer Internet services will cooperate with Indie Systems in any corrective or preventive action that Indie Systems deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Indie Systems policy.
Indie Systems will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Indie Systems may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Indie Systems may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Indie Systems assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Indie Systems may disclose subscriber information or information transmitted over its network where necessary to protect Indie Systems and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Indie Systems will never sell information to other services or outside companies.
Indie Systems expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber’s failure to comply with those laws will violate Indie Systems policy. Finally, Indie Systems wishes to emphasize that, in signing the Service Agreement, subscribers indemnify Indie Systems for any violation of the Service Agreement, law or Indie Systems policy resulting in loss to Indie Systems or the bringing of any claim against Indie Systems by any third party. This means that, if Indie Systems is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will be responsible for payment of any damages awarded against Indie Systems, plus costs and reasonable attorney’s fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including Indie Systems and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should be sent to info@indie.systems.
Reseller Terms and Client Responsibility
- Resellers shall ensure that each of their clients complies with this Agreement.
- Resellers are responsible for supporting their clients. Indie Systems does not provide support to clients of Indie Systems’s resellers. If a reseller’s client contacts Indie Systems, Indie Systems reserves the right to place a reseller client account on hold until the reseller can assume responsibility for the reseller’s client. All support requests must be made by the reseller on its client’s behalf for security purposes.
- Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. Indie Systems will hold any reseller responsible for any of their client’s actions that violate the law or this Agreement.
- Indie Systems is not responsible for the acts or omissions of our resellers. The reseller hereby agrees to indemnify Indie Systems from and against any and all claims made by any User arising from the reseller’s acts or omissions.
- Indie Systems reserves the right to revise our Reseller Program at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth by Indie Systems.
Resellers in the Indie Systems Reseller Program assume all responsibility for billing and technical support for each of the Users signed up by the reseller.
